Text of UT HB 464 (2024)

H.B. 464 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: S. Elder 6 6 02-05-24 7:47 AM 6 H.B. 464 1 SOCIAL MEDIA REGULATION ACT AMENDMENTS 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Jordan D. Teuscher 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill enacts provisions regarding harm to minors from the excessive use of 10 algorithmically curated social media services. 11 Highlighted Provisions: 12 This bill: 13 < defines terms; 14 < enacts legislative findings regarding potential harms of excessive social media use 15 by minors; 16 < allows a private right of action related to harms to minors from excessive social 17 media use and establishes related provisions; 18 < establishes an affirmative defense for a social media company to defend against the 19 private right of action; and 20 < prohibits waivers of rights and protections. 21 Money Appropriated in this Bill: 22 None 23 Other Special Clauses: 24 This bill provides a special effective date. 25 Utah Code Sections Affected: 26 ENACTS: 27 78B-3-1101, Utah Code Annotated 1953 *HB0464* H.B. 464 02-05-24 7:47 AM - 2 - 28 78B-3-1102, Utah Code Annotated 1953 29 78B-3-1103, Utah Code Annotated 1953 30 78B-3-1104, Utah Code Annotated 1953 31 78B-3-1105, Utah Code Annotated 1953 32 78B-3-1106, Utah Code Annotated 1953 33 REPEALS: 34 13-63-101, as enacted by Laws of Utah 2023, Chapters 477, 498 35 13-63-102, as enacted by Laws of Utah 2023, Chapter 498 36 13-63-103, as enacted by Laws of Utah 2023, Chapter 498 37 13-63-104, as enacted by Laws of Utah 2023, Chapter 498 38 13-63-105, as enacted by Laws of Utah 2023, Chapter 498 39 13-63-201, as enacted by Laws of Utah 2023, Chapter 498 40 13-63-202, as enacted by Laws of Utah 2023, Chapter 498 41 13-63-203, as enacted by Laws of Utah 2023, Chapter 498 42 13-63-301, as enacted by Laws of Utah 2023, Chapter 498 43 13-63-401, as enacted by Laws of Utah 2023, Chapter 477 44 13-63-501, as enacted by Laws of Utah 2023, Chapter 477 45 13-63-601, as enacted by Laws of Utah 2023, Chapters 477, 498 46 13-63-701, as enacted by Laws of Utah 2023, Chapters 477, 498 47 48 Be it enacted by the Legislature of the state of Utah: 49 Section 1. Section 78B-3-1101 is enacted to read: 50 Part 11. Harm to Minors by Algorithmically Curated Social Media Service 51 78B-3-1101. Definitions. 52 As used in this part: 53 (1) "Account holder" means a person who has, creates, or opens an account or profile 54 to use an algorithmically curated social media service. 55 (2) (a) "Adverse mental health outcome" means a condition affecting a minor's mental 56 health that is: 57 (i) diagnosable by a licensed mental health care provider; and 58 (ii) acknowledged by professional mental health experts as having a negative impact on 02-05-24 7:47 AM H.B. 464 - 3 - 59 a minor's well-being. 60 (b) "Adverse mental health outcome" includes depression, anxiety, suicidal thoughts or 61 behaviors, and self-harm thoughts or behaviors. 62 (3) "Algorithmically curated social media service" means a social media service that 63 drives user engagement primarily through the use of: 64 (a) a curation algorithm; and 65 (b) engagement driven design elements. 66 (4) "Content" means any information, visual depiction, or other material that appears 67 on or is available or enabled through a social media service. 68 (5) (a) "Curation algorithm" means a computational process or set of rules used by a 69 social media platform that determines, influences, or personalizes, designed to encourage 70 prolonged or frequent engagement: 71 (i) the content a user views; 72 (ii) the order in which content is displayed; 73 (iii) how prominently content is displayed; or 74 (iv) the manner in which content is displayed. 75 (b) "Curation algorithm" does not include the curation of: 76 (i) responses to specific user queries or user prompts requesting content related to 77 defined topics or interests selected by the user; or 78 (ii) content to ensure only age appropriate material is provided to a user based on the 79 user's age; 80 (iii) content that prevents a minor from viewing violent, bullying, threatening, or 81 harassing content; or 82 (iv) content to comply with any state or federal law restricting the display of material 83 harmful to minors. 84 (6) "Engagement driven design elements" means: 85 (a) autoplay features that continuously play content without requiring user interaction; 86 (b) scroll or pagination that loads additional content as long as the user continues 87 scrolling; or 88 (c) push notifications. 89 (7) "Excessive use" means the use of a social media service by a minor to an extent that H.B. 464 02-05-24 7:47 AM - 4 - 90 the use substantially interferes with the minor's normal functioning in: 91 (a) academic performance; 92 (b) sleep; 93 (c) in-person relationships; 94 (d) mental health; or 95 (e) physical health. 96 (8) "Minor" means an individual who is under 18 years old that: 97 (a) has not been emancipated as that term is defined in Section 80-7-102; or 98 (b) has not been married. 99 (9) "Parent" includes a legal guardian. 100 (10) "Push notification" means an automatic electronic message displayed on an 101 account holder's device, when the user interface for the social media service is not actively 102 open or visible on the device, that prompts the account holder to repeatedly check and engage 103 with the social media service. 104 (11) "Resident" means the same as that term is defined in Section 53-3-102. 105 (12) "Social media company" means an entity that owns or operates a social media 106 service. 107 (13) (a) "Social media service" means a website or application that: 108 (i) is open to the public and consists primarily of content that is user-generated and not 109 produced by the social media company; 110 (ii) permits an individual to register as an account holder, establish an account, or 111 create a profile that is made visible to the general public or a set of other users defined by the 112 account holder for the purpose of allowing account holders to create, share, and view 113 user-generated content through such an account or profile; 114 (iii) allows account holders to post content and interact with content generated by other 115 account holders; and 116 (iv) enables account holders to create online communities or groups and communicate 117 with account holders. 118 (b) "Social media service" does not include: 119 (i) email; 120 (ii) cloud storage; or 02-05-24 7:47 AM H.B. 464 - 5 - 121 (iii) document viewing, sharing, or collaboration services. 122 (14) "User" means an individual who accesses or uses an algorithmically curated social 123 media service. 124 (15) (a) "Utah account holder" means a person who is a Utah resident and an account 125 holder. 126 (b) "Utah account holder" includes a Utah minor account holder. 127 (16) "Utah minor account holder" means a Utah account holder who is a minor. 128 Section 2. Section 78B-3-1102 is enacted to read: 129 78B-3-1102. Legislative Findings. 130 The Legislature finds that: 131 (1) social media services utilize curation algorithms and engagement driven design 132 elements to maximize user engagement; 133 (2) minors are particularly vulnerable to manipulation by the use of curation algorithms 134 and engagement driven design elements; 135 (3) a minor's excessive use of an algorithmically curated social media service is likely 136 to cause adverse mental health outcomes in minors, regardless of the content being viewed; 137 (4) the risk of an adverse mental health outcome resulting from the excessive use of an 138 algorithmically curated social media service increases when a minor uses the service for more 139 than three hours per day, or during regular sleeping hours; 140 (5) algorithmically curated social media services are designed without sufficient tools 141 to allow adequate parental oversight, exposing minors to risks that could be mitigated with 142 additional parental control; 143 (6) protecting minors from the risks associated with the use of algorithmically curated 144 social media services requires intervention at a societal level, informed by expertise in 145 technology, psychology, and youth mental health; 146 (7) the state has a long-established role and responsibility in implementing protections 147 and regulations to safeguard the health and welfare of minors; 148 (8) the state has enacted safeguards around products and activities that pose risks to 149 minors, including regulations on motor vehicles, medications, and products and services 150 targeted to children; 151 (9) any adverse mental health outcomes for minors that are linked to the excessive use H.B. 464 02-05-24 7:47 AM - 6 - 152 of algorithmically curated social media services are a serious public health concern for the 153 state; and 154 (10) the state has a compelling interest to protect minors in the state against adverse 155 mental health outcomes. 156 Section 3. Section 78B-3-1103 is enacted to read: 157 78B-3-1103. Private right of action. 158 (1) A Utah minor account holder or a Utah minor account holder's parent may bring a 159 cause of action against a social media company in court for an adverse mental health outcome 160 arising, in whole or in part, from the minor's excessive use of the social media company's 161 algorithmically curated social media service. 162 (2) To recover damages in a cause of action brought under this section, a person 163 bringing the cause action must demonstrate: 164 (a) that the Utah minor account holder has been diagnosed by a licensed mental health 165 care provider with an adverse mental health outcome; and 166 (b) that the adverse mental health outcome was caused by the Utah minor account 167 holder's excessive use of an algorithmically curated social media service. 168 (3) Except as provided in Subsection (4), a person who brings an action described in 169 Subsection (1), is entitled to a rebuttable presumption that: 170 (a) the Utah minor account holder's adverse mental health outcome was caused, in 171 whole or in part, by the Utah minor account holder's excessive use of the algorithmically 172 curated social media service; and 173 (b) the Utah minor account holder's excessive use of the algorithmically curated social 174 media service was caused, in whole or in part, by the algorithmically curated social media 175 service's curation algorithm and engagement driven design elements. 176 (4) A social media company that complies with the provisions of Section 78B-11-1104 177 is entitled to a rebuttable presumption that: 178 (a) the Utah minor account holder's adverse mental health outcome was not caused, in 179 whole or in part, by the Utah minor account holder's excessive use of the algorithmically 180 curated social media service; and 181 (b) the Utah minor account holder's excessive use of the algorithmically curated social 182 media service was not caused, in whole or in part, by the algorithmically curated social media 02-05-24 7:47 AM H.B. 464 - 7 - 183 service's curation algorithm and engagement driven design elements. 184 (5) If a court or fact finder finds that a Utah minor account holder suffered any adverse 185 mental health outcome as a result of the Utah minor account holder's use of a social media 186 company's algorithmically curated social media service, the person seeking relief is entitled to: 187 (a) an award of reasonable attorney fees and court costs; and 188 (b) an amount equal to the greater of: 189 (i) $10,000 for each adverse mental health outcome incidence; or 190 (ii) the amount of actual damages. 191 (6) A social media company may not be held liable under this part: 192 (a) based on the content of material posted by users of the algorithmically curated 193 social media service; or 194 (b) for declining to restrict access to or modify user posts based solely on the content of 195 those posts. 196 (7) Nothing in this part shall displace any other available remedies or rights authorized 197 under the laws of this state or the United States. 198 Section 4. Section 78B-3-1104 is enacted to read: 199 78B-3-1104. Affirmative defense. 200 (1) A person is not entitled to the rebuttable presumption described in Subsection 201 78B-11-1103(3), and a social media company is entitled to the rebuttable presumption 202 described in Subsection 78B-11-1103(4), if the social media company demonstrates to the 203 court that the social media company: 204 (a) limits a Utah minor account holder's use of the algorithmically curated social media 205 service to no more than three hours in a 24 hour period across all devices; 206 (b) restricts a Utah minor account holder from accessing the algorithmically curated 207 social media service between the hours of 10:30 p.m. and 6:30 a.m.; 208 (c) requires the parent or legal guardian of the minor to consent to a Utah minor 209 account holder's use of the algorithmically curated social media service; 210 (d) disables engagement driven design elements for a Utah minor account holder's 211 account; and 212 (e) displays content on a Utah minor account holder's account in the order it was 213 posted, showing newer posts after older posts in a first posted, first shown manner, rather than H.B. 464 02-05-24 7:47 AM - 8 - 214 using algorithms or user interactions to determine order. 215 (2) A social media company may utilize settings that are enabled at the device level to 216 impose the requirements described in Subsection (1). 217 (3) Notwithstanding Subsection (2), a social media company remains liable to ensure 218 that the Utah minor account holder's account is subject to the restrictions of Subsection (1). 219 Section 5. Section 78B-3-1105 is enacted to read: 220 78B-3-1105. Waiver prohibited. 221 A waiver or limitation, or a purported waiver or limitation, of any of the following is 222 void as unlawful, is against public policy, and a court or arbitrator may not enforce or give 223 effect to the waiver, notwithstanding any contract or choice-of-law provision in a contract: 224 (1) a protection or requirement provided under this chapter; 225 (2) the right to cooperate with or file a complaint with a government agency; 226 (3) the right to a private right of action as provided under this chapter; or 227 (4) the right to recover actual damages, statutory damages, civil penalties, costs, or fees 228 as allowed by this chapter. 229 Section 6. Section 78B-3-1106 is enacted to read: 230 78B-3-1106. Severability. 231 (1) If any provision of this chapter or the application of any provision to any person or 232 circumstance is held invalid by a final decision of a court of competent jurisdiction, the 233 remainder of this chapter shall be given effect without the invalid provision or application. 234 (2) The provisions of this chapter are severable. 235 Section 7. Repealer. 236 This bill repeals: 237 Section 13-63-101, Definitions. 238 Section 13-63-102, Age requirements for use of social media platform -- Parental 239 consent -- Rulemaking authority of division. 240 Section 13-63-103, Prohibition on data collection for certain accounts -- 241 Prohibition on advertising -- Use of information -- Search results -- Directed content. 242 Section 13-63-104, Parental access to social media account. 243 Section 13-63-105, Limited hours of access for minors -- Parental access and 244 options. 02-05-24 7:47 AM H.B. 464 - 9 - 245 Section 13-63-201, Investigative powers of the division. 246 Section 13-63-202, Enforcement powers of the division. 247 Section 13-63-203, Division report. 248 Section 13-63-301, Private right of action. 249 Section 13-63-401, Social media platform design regulations -- Enforcement and 250 auditing authority -- Penalties. 251 Section 13-63-501, Private right of action for harm to a minor -- Rebuttable 252 presumption of harm and causation. 253 Section 13-63-601, Waiver prohibited. 254 Section 13-63-701, Severability. 255 Section 8. Effective date. 256 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024. 257 (2) The actions affecting the following sections take effect on October 1, 2024: 258 (a) Section 78B-3-1101; 259 (b) Section 78B-3-1102; 260 (c) Section 78B-3-1103; 261 (d) Section 78B-3-1104; 262 (e) Section 78B-3-1105; and 263 (f) Section 78B-3-1106.

Enrolled Copy H.B. 464 1 SOCIAL MEDIA AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jordan D. Teuscher Senate Sponsor: Kirk A. Cullimore 2 3 LONG TITLE 4 General Description: 5 This bill concerns harm to minors from social media. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ amends the criminal offense of electronic communication harassment and creates a civil 10 cause of action to address certain conduct involving minors; 11 ▸ enacts legislative findings regarding potential harms of excessive social media use by 12 minors; 13 ▸ allows a private right of action related to harms to minors from excessive social media 14 use and establishes related provisions; 15 ▸ establishes an affirmative defense for a social media company to defend against the 16 private right of action; 17 ▸ prohibits waivers of rights and protections; and 18 ▸ makes technical and conforming changes. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 This bill provides a special effective date. 23 Utah Code Sections Affected: 24 AMENDS: 25 76-9-201 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 111 26 ENACTS: 27 78B-3-1101 (Effective 10/01/24), Utah Code Annotated 1953 H.B. 464 Enrolled Copy 28 78B-3-1102 (Effective 10/01/24), Utah Code Annotated 1953 29 78B-3-1103 (Effective 10/01/24), Utah Code Annotated 1953 30 78B-3-1104 (Effective 10/01/24), Utah Code Annotated 1953 31 78B-3-1105 (Effective 10/01/24), Utah Code Annotated 1953 32 78B-3-1106 (Effective 10/01/24), Utah Code Annotated 1953 33 REPEALS: 34 13-63-101 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapters 477, 498 35 13-63-102 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 36 13-63-103 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 37 13-63-104 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 38 13-63-105 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 39 13-63-201 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 40 13-63-202 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 41 13-63-203 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 42 13-63-301 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 498 43 13-63-401 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 477 44 13-63-501 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 477 45 13-63-601 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapters 477, 498 46 13-63-701 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapters 477, 498 47 48 Be it enacted by the Legislature of the state of Utah: 49 Section 1. Section 76-9-201 is amended to read: 50 76-9-201 (Effective 05/01/24). Electronic communication harassment -- 51 Definitions -- Penalties. 52 (1) As used in this section: 53 (a) (i) "Adult" means an individual 18 years old or older. 54 (ii) "Adult" does not include an individual who is 18 years old and enrolled in high 55 school. 56 (b) "Electronic communication" means a communication by electronic, 57 electro-mechanical, or electro-optical communication device for the transmission and 58 reception of audio, image, or text but does not include broadcast transmissions or 59 similar communications that are not targeted at a specific individual. 60 (c) "Electronic communication device" includes a telephone, a facsimile machine, 61 electronic mail, a pager, a computer, or another device or medium that can be used to - 2 - Enrolled Copy H.B. 464 62 communicate electronically. 63 (d) (i) "Minor" means an individual who is younger than 18 years old. 64 (ii) "Minor" includes an individual who is 18 years old and enrolled in high school. 65 (e) "Minor victim" means a minor who is a victim of a violation of Subsection (4). 66 [(e)] (f) "Personal identifying information" means the same as that term is defined in 67 Section 76-6-1101. 68 (2) Except to the extent the person's conduct constitutes an offense under Section 76-9-203, 69 a person is guilty of electronic communication harassment and subject to prosecution in 70 the jurisdiction where the communication originated or was received if with intent to 71 intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of 72 another, the person: 73 (a) (i) makes repeated contact by means of electronic communications, regardless of 74 whether a conversation ensues; or 75 (ii) after the recipient has requested or informed the person not to contact the 76 recipient, and the person repeatedly or continuously: 77 (A) contacts the electronic communication device of the recipient; or 78 (B) causes an electronic communication device of the recipient to ring or to 79 receive other notification of attempted contact by means of electronic 80 communication; 81 (b) makes contact by means of electronic communication and insults, taunts, or 82 challenges the recipient of the communication or any person at the receiving location 83 in a manner likely to provoke a violent or disorderly response; 84 (c) makes contact by means of electronic communication and threatens to inflict injury, 85 physical harm, or damage to any person or the property of any person; or 86 (d) causes disruption, jamming, or overload of an electronic communication system 87 through excessive message traffic or other means utilizing an electronic 88 communication device. 89 (3) A person is guilty of electronic communication harassment if the person: 90 (a) electronically publishes, posts, or otherwise discloses personal identifying 91 information of another individual in a public online site or forum with the intent to 92 abuse, threaten, or disrupt the other individual's electronic communication and 93 without the other individual's permission; or 94 (b) sends a communication by electronic mail, instant message, or other similar means, 95 if: - 3 - H.B. 464 Enrolled Copy 96 (i) the communication references personal identifying information of another 97 individual; 98 (ii) the person sends the communication: 99 (A) without the individual's consent; and 100 (B) with the intent to cause a recipient of the communication to reasonably believe 101 that the individual authorized or sent the communication; and 102 (iii) with the intent to: 103 (A) cause an individual physical, emotional, or economic injury or damage; or 104 (B) defraud an individual. 105 (4) A person is guilty of electronic communication harassment if: 106 (a) the person: 107 (i) is an adult; 108 (ii) electronically publishes, posts, or otherwise discloses in a public online site or 109 forum personal identifying information of a minor who is unrelated by blood, 110 marriage, or adoption to the person; and 111 (iii) knows of, but consciously disregards, a substantial and unjustifiable risk that 112 performing the action described in Subsection (4)(a)(ii) will result in the minor 113 being the victim of an offense described in Title 76, Chapter 5, Offenses Against 114 the Individual; and 115 (b) the minor described in Subsection (4)(a)(ii) is aware of the person's action described 116 in Subsection (4)(a)(ii). 117 [(4)] (5) (a) [Electronic communication harassment] Except as provided in Subsection 118 (5)(b), a violation of Subsection (2) or (3) is a class B misdemeanor. 119 (b) A second or subsequent [offense of electronic communication harassment] violation 120 of Subsection (2) or (3) is a class A misdemeanor. 121 (c) A violation of Subsection (4) is a class A misdemeanor. 122 [(5)] (6) (a) Except as provided under Subsection [(5)(b)] (6)(b), criminal prosecution 123 under this section does not affect an individual's right to bring a civil action for 124 damages suffered as a result of the commission of an offense under this section. 125 (b) This section does not create a civil cause of action based on electronic 126 communications made for legitimate business purposes. 127 (7) (a) A minor victim has a civil right of action against an actor who violates 128 Subsection (4). 129 (b) A minor victim who brings a successful civil action under Subsection (7)(a) is - 4 - Enrolled Copy H.B. 464 130 entitled to recover from the actor: 131 (i) damages resulting from the violation of Subsection (4); 132 (ii) reasonable attorney fees; and 133 (iii) court costs. 134 Section 2. Section 78B-3-1101 is enacted to read: 135 Part 11. Harm to Minors by Algorithmically Curated Social Media Service 136 78B-3-1101 (Effective 10/01/24). Definitions. 137 As used in this part: 138 (1) "Account holder" means a person who has, creates, or opens an account or profile to use 139 an algorithmically curated social media service. 140 (2) (a) "Adverse mental health outcome" means a condition affecting a minor's mental 141 health that is: 142 (i) diagnosable by a licensed mental health care provider; and 143 (ii) acknowledged by professional mental health experts as having a negative impact 144 on a minor's well-being. 145 (b) "Adverse mental health outcome" includes depression, anxiety, suicidal thoughts or 146 behaviors, and self-harm thoughts or behaviors. 147 (3) "Algorithmically curated social media service" means a social media service that drives 148 user engagement primarily through the use of: 149 (a) a curation algorithm; and 150 (b) engagement driven design elements. 151 (4) "Content" means any information, visual depiction, or other material that appears on or 152 is available or enabled through a social media service. 153 (5) (a) "Curation algorithm" means a computational process or set of rules used by a 154 social media platform that determines, influences, or personalizes, designed to 155 encourage prolonged or frequent engagement: 156 (i) the content a user views; 157 (ii) the order in which content is displayed; 158 (iii) how prominently content is displayed; or 159 (iv) the manner in which content is displayed. 160 (b) "Curation algorithm" does not include the curation of: 161 (i) responses to specific user queries or user prompts requesting content related to 162 defined topics or interests selected by the user; or - 5 - H.B. 464 Enrolled Copy 163 (ii) content to ensure only age appropriate material is provided to a user based on the 164 user's age; 165 (iii) content that prevents a minor from viewing violent, bullying, threatening, or 166 harassing content; or 167 (iv) content to comply with any state or federal law restricting the display of material 168 harmful to minors. 169 (6) "Engagement driven design elements" means: 170 (a) autoplay features that continuously play content without requiring user interaction; 171 (b) scroll or pagination that loads additional content as long as the user continues 172 scrolling; or 173 (c) push notifications. 174 (7) "Excessive use" means the use of a social media service by a minor to an extent that the 175 use substantially interferes with the minor's normal functioning in: 176 (a) academic performance; 177 (b) sleep; 178 (c) in-person relationships; 179 (d) mental health; or 180 (e) physical health. 181 (8) "Minor" means an individual who is under 18 years old that: 182 (a) has not been emancipated as that term is defined in Section 80-7-102; or 183 (b) has not been married. 184 (9) "Parent" includes a legal guardian. 185 (10) "Push notification" means an automatic electronic message displayed on an account 186 holder's device, when the user interface for the social media service is not actively open 187 or visible on the device, that prompts the account holder to repeatedly check and engage 188 with the social media service. 189 (11) "Resident" means the same as that term is defined in Section 53-3-102. 190 (12) "Social media company" means an entity that owns or operates a social media service. 191 (13) (a) "Social media service" means a public website or application that: 192 (i) displays content that is primarily generated by account holders and not by the 193 social media company; 194 (ii) permits an individual to register as an account holder and create a profile that is 195 made visible to the general public or a set of other users defined by the account 196 holder; - 6 - Enrolled Copy H.B. 464 197 (iii) connects account holders to allow users to interact socially with each other 198 within the website or application; 199 (iv) makes available to each account holder a list or lists of other account holders 200 with whom the account holder shares a connection within the system; and 201 (v) allows account holders to post content viewable by other users. 202 (b) "Social media service" does not include: 203 (i) email; 204 (ii) cloud storage; or 205 (iii) document viewing, sharing, or collaboration services. 206 (14) "User" means an individual who accesses or uses an algorithmically curated social 207 media service. 208 (15) (a) "Utah account holder" means a person who is a Utah resident and an account 209 holder. 210 (b) "Utah account holder" includes a Utah minor account holder. 211 (16) "Utah minor account holder" means a Utah account holder who is a minor. 212 Section 3. Section 78B-3-1102 is enacted to read: 213 78B-3-1102 (Effective 10/01/24). Legislative findings. 214 The Legislature finds that: 215 (1) social media services utilize curation algorithms and engagement driven design 216 elements to maximize user engagement; 217 (2) minors are particularly vulnerable to manipulation by the use of curation algorithms and 218 engagement driven design elements; 219 (3) a minor's excessive use of an algorithmically curated social media service is likely to 220 cause adverse mental health outcomes in minors, regardless of the content being viewed; 221 (4) the risk of an adverse mental health outcome resulting from the excessive use of an 222 algorithmically curated social media service increases when a minor uses the service for 223 more than three hours per day, or during regular sleeping hours; 224 (5) algorithmically curated social media services are designed without sufficient tools to 225 allow adequate parental oversight, exposing minors to risks that could be mitigated with 226 additional parental control; 227 (6) protecting minors from the risks associated with the use of algorithmically curated 228 social media services requires intervention at a societal level, informed by expertise in 229 technology, psychology, and youth mental health; 230 (7) the state has a long-established role and responsibility in implementing protections and - 7 - H.B. 464 Enrolled Copy 231 regulations to safeguard the health and welfare of minors; 232 (8) the state has enacted safeguards around products and activities that pose risks to minors, 233 including regulations on motor vehicles, medications, and products and services targeted 234 to children; 235 (9) any adverse mental health outcomes for minors that are linked to the excessive use of 236 algorithmically curated social media services are a serious public health concern for the 237 state; and 238 (10) the state has a compelling interest to protect minors in the state against adverse mental 239 health outcomes. 240 Section 4. Section 78B-3-1103 is enacted to read: 241 78B-3-1103 (Effective 10/01/24). Private right of action. 242 (1) A Utah minor account holder or a Utah minor account holder's parent may bring a cause 243 of action against a social media company in court for an adverse mental health outcome 244 arising, in whole or in part, from the minor's excessive use of the social media 245 company's algorithmically curated social media service. 246 (2) To recover damages in a cause of action brought under this section, a person bringing 247 the cause of action must demonstrate: 248 (a) that the Utah minor account holder has been diagnosed by a licensed mental health 249 care provider with an adverse mental health outcome; and 250 (b) that the adverse mental health outcome was caused by the Utah minor account 251 holder's excessive use of an algorithmically curated social media service. 252 (3) Except as provided in Subsection (4), a person who brings an action described in 253 Subsection (1), is entitled to a rebuttable presumption that: 254 (a) the Utah minor account holder's adverse mental health outcome was caused, in whole 255 or in part, by the Utah minor account holder's excessive use of the algorithmically 256 curated social media service; and 257 (b) the Utah minor account holder's excessive use of the algorithmically curated social 258 media service was caused, in whole or in part, by the algorithmically curated social 259 media service's curation algorithm and engagement driven design elements. 260 (4) A social media company that complies with the provisions of Section 78B-11-1104 is 261 entitled to a rebuttable presumption that: 262 (a) the Utah minor account holder's adverse mental health outcome was not caused, in 263 whole or in part, by the Utah minor account holder's excessive use of the 264 algorithmically curated social media service; and - 8 - Enrolled Copy H.B. 464 265 (b) the Utah minor account holder's excessive use of the algorithmically curated social 266 media service was not caused, in whole or in part, by the algorithmically curated 267 social media service's curation algorithm and engagement driven design elements. 268 (5) If a court or fact finder finds that a Utah minor account holder suffered any adverse 269 mental health outcome as a result of the Utah minor account holder's use of a social 270 media company's algorithmically curated social media service, the person seeking relief 271 is entitled to: 272 (a) an award of reasonable attorney fees and court costs; and 273 (b) an amount equal to the greater of: 274 (i) $10,000 for each adverse mental health outcome incidence; or 275 (ii) the amount of actual damages. 276 (6) A social media company may not be held liable under this part: 277 (a) based on the content of material posted by users of the algorithmically curated social 278 media service; or 279 (b) for declining to restrict access to or modify user posts based solely on the content of 280 those posts. 281 (7) Nothing in this part shall displace any other available remedies or rights authorized 282 under the laws of this state or the United States. 283 Section 5. Section 78B-3-1104 is enacted to read: 284 78B-3-1104 (Effective 10/01/24). Affirmative defense. 285 (1) A person is not entitled to the rebuttable presumption described in Subsection 286 78B-11-1103(3), and a social media company is entitled to the rebuttable presumption 287 described in Subsection 78B-11-1103(4), if the social media company demonstrates to 288 the court that the social media company: 289 (a) limits a Utah minor account holder's use of the algorithmically curated social media 290 service to no more than three hours in a 24 hour period across all devices; 291 (b) restricts a Utah minor account holder from accessing the algorithmically curated 292 social media service between the hours of 10:30 p.m. and 6:30 a.m.; 293 (c) requires the parent or legal guardian of the minor to consent to a Utah minor account 294 holder's use of the algorithmically curated social media service; and 295 (d) disables engagement driven design elements for a Utah minor account holder's 296 account. 297 (2) A social media company may utilize settings that are enabled at the device level to 298 impose the requirements described in Subsection (1). - 9 - H.B. 464 Enrolled Copy 299 (3) Notwithstanding Subsection (2), a social media company remains liable to ensure that 300 the Utah minor account holder's account is subject to the restrictions of Subsection (1). 301 Section 6. Section 78B-3-1105 is enacted to read: 302 78B-3-1105 (Effective 10/01/24). Waiver prohibited. 303 A waiver or limitation, or a purported waiver or limitation, of any of the following 304 is void as unlawful, is against public policy, and a court or arbitrator may not enforce or 305 give effect to the waiver, notwithstanding any contract or choice-of-law provision in a 306 contract: 307 (1) a protection or requirement provided under this chapter; 308 (2) the right to cooperate with or file a complaint with a government agency; 309 (3) the right to a private right of action as provided under this chapter; or 310 (4) the right to recover actual damages, statutory damages, civil penalties, costs, or fees as 311 allowed by this chapter. 312 Section 7. Section 78B-3-1106 is enacted to read: 313 78B-3-1106 (Effective 10/01/24). Severability. 314 (1) If any provision of this chapter or the application of any provision to any person or 315 circumstance is held invalid by a final decision of a court of competent jurisdiction, the 316 remainder of this chapter shall be given effect without the invalid provision or 317 application. 318 (2) The provisions of this chapter are severable. 319 Section 8. Repealer. 320 This bill repeals: 321 Section 13-63-101, (Effective 05/01/24)Definitions. 322 Section 13-63-102, (Effective 05/01/24)Age requirements for use of social media 323 platform -- Parental consent -- Rulemaking authority of division. 324 Section 13-63-103, (Effective 05/01/24)Prohibition on data collection for certain 325 accounts -- Prohibition on advertising -- Use of information -- Search results -- Directed 326 content. 327 Section 13-63-104, (Effective 05/01/24)Parental access to social media account. 328 Section 13-63-105, (Effective 05/01/24)Limited hours of access for minors -- Parental 329 access and options. 330 Section 13-63-201, (Effective 05/01/24)Investigative powers of the division. 331 Section 13-63-202, (Effective 05/01/24)Enforcement powers of the division. 332 Section 13-63-203, (Effective 05/01/24)Division report. - 10 - Enrolled Copy H.B. 464 333 Section 13-63-301, (Effective 05/01/24)Private right of action. 334 Section 13-63-401, (Effective 05/01/24)Social media platform design regulations -- 335 Enforcement and auditing authority -- Penalties. 336 Section 13-63-501, (Effective 05/01/24)Private right of action for harm to a minor -- 337 Rebuttable presumption of harm and causation. 338 Section 13-63-601, (Effective 05/01/24)Waiver prohibited. 339 Section 13-63-701, (Effective 05/01/24)Severability. 340 Section 9. Effective date. 341 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024. 342 (2) The actions affecting the following sections take effect on October 1, 2024: 343 (a) Section 78B-3-1101; 344 (b) Section 78B-3-1102; 345 (c) Section 78B-3-1103; 346 (d) Section 78B-3-1104; 347 (e) Section 78B-3-1105; and 348 (f) Section 78B-3-1106. - 11 -