Utah Code § 78B-3-1104

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).

Utah Code § 78B-3-1104

Added by Chapter 224, 2024 General Session ,§ 5, eff. 10/1/2024.