Current through the 2024 Fourth Special Session
Section 78B-3-1104 - Affirmative defense(1) A person is not entitled to the rebuttable presumption described in Subsection 78B-11-1103(3), and a social media company is entitled to the rebuttable presumption described in Subsection 78B-11-1103(4), if the social media company demonstrates to the court that the social media company: (a) limits a Utah minor account holder's use of the algorithmically curated social media service to no more than three hours in a 24 hour period across all devices;(b) restricts a Utah minor account holder from accessing the algorithmically curated social media service between the hours of 10:30 p.m. and 6:30 a.m.;(c) requires the parent or legal guardian of the minor to consent to a Utah minor account holder's use of the algorithmically curated social media service; and(d) disables engagement driven design elements for a Utah minor account holder's account.(2) A social media company may utilize settings that are enabled at the device level to impose the requirements described in Subsection (1).(3) Notwithstanding Subsection (2), a social media company remains liable to ensure that the Utah minor account holder's account is subject to the restrictions of Subsection (1).Added by Chapter 224, 2024 General Session ,§ 5, eff. 10/1/2024.