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Utah: Bill on social media regulation introduced to State Senate

Senate Bill 152 for the Social Media Regulation Amendments was introduced, on 30 January 2023, to the Utah State Senate, and thereafter referred, on 31 January 2023, to the Senate Business and Labor Committee, before being read, on 1 February 2023, for a second time in the State Senate. In particular, the bill highlights a series of obligations on social media companies, requiring them to:

  • verify the age of Utah residents;
  • obtain the consent of a parent or guardian before a Utah resident under the age of 18 may maintain or open an account; and
  • prohibit a person to open an account if that person does not meet age requirements under state or federal law.

Notably, the bill defines 'social media companies' as any domestic business entity or foreign business entity that provides a social media platform that has at least 10,000,000 account holders and is an interactive computer service. Likewise, the bill defines 'social media platforms' as an online forum that a social media company makes available for an account holder to create a profile, upload posts, view the posts of other account holders, and interact with other account holders or users.

Further, the bill outlines that for accounts held by a Utah resident under the age of 18, certain social media companies must, among other things:

  • prohibit direct messaging with certain accounts;
  • not show a minor's account in search results;
  • not display advertising;
  • not collect, share, or use personal information from the account, with certain exceptions;
  • not target or suggest ads, accounts, or content; and
  • limit hours of access, subject to parental or guardian direction.

In addition, the bill notes a prohibition on data collection for advertising purposes for social media accounts held by a Utah minor, including prohibiting direct messaging between the account and other users that are not linked to the account through friending, and prohibiting the display of any advertising in the account.

Finally, the bill provides for a private right of action in cases of failure to comply with the general requirements noted above.

You can read the bill and track its progress here.

UPDATE (10 February 2023)

Bill on social media regulation fails to pass second reading in Senate

The bill failed to pass its second reading, on 6 February 2023, in the Utah Senate. Nonetheless, the bill passed a motion to reconsider, on the same date, and will be scheduled for another second reading.

You can read the bill and track its progress here.

UPDATE (14 February 2023)

Bill on social media regulation passes second reading in Senate

The bill passed its second reading, on 13 February 2023, in the Utah Senate. In particular, the bill will now be scheduled for a third reading in the Utah Senate.

You can read the bill and track its progress here.

UPDATE (16 February 2023)

Bill on social media regulation passes third reading in Senate

The bill passed its third reading, on 15 February 2023, in the Utah Senate and was sent, on the same date, to the Utah House of Representatives.

You can read the bill and track its progress here.

UPDATE (22 February 2023)

Bill on social media regulation returns to Rules Committee

The bill was referred, on 15 February 2023, to the House Judiciary Committee and thereafter returned, on 21 February 2023, to the Rules Committee due to fiscal impact.

You can read the bill and track its progress here.

UPDATE (3 March 2023)

Bill on social media regulation approved by both Chambers and prepared for Governor approval

The bill was enrolled and prepared to be sent, on 2 March 2023, to the Governor of Utah, following passage by both the Utah State Senate and House of Representatives. In particular, the bill will be now sent to the Governor, who can either sign it, veto it, or allow it to become law without their signature.

You can read the bill and track its progress here.

UPDATE (24 March 2023)

Bill on social media regulation signed into law by Governor

The bill was signed into law, on 23 March 2023, by the Governor and will enter into effect on 31 December 2023.

You can read the bill and view its history here.

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