Utah Social Media Regulation Act Signed Into Law

On March 23, 2023, Utah Governor Spencer Cox signed two bills into law that regulate social media use by minors. The bills, known as the Utah Social Media Regulation Act, are the first of their kind in the United States.

The act requires social media companies to verify the age of all users in Utah and to obtain the consent of a parent or guardian before a minor can create an account. The act also prohibits social media companies from targeting ads or content to minors and from collecting personal information from minors.

The act has been met with mixed reactions. Some have praised the act for taking steps to protect minors from the harmful effects of social media, while others have criticized the act for being too restrictive and for potentially violating the First Amendment.

It is unclear how the act will be enforced. The act does not create a new agency to enforce its provisions, and it does not provide for civil or criminal penalties for violations. It is possible that the act will be enforced by the Utah Attorney General’s Office, which has the authority to investigate and prosecute violations of state law.

The act is a significant development in the regulation of social media. It is the first law of its kind in the United States, and it is likely to be followed by other states. The act is also likely to be challenged in court, as it raises First Amendment concerns.

Businesses should be aware of the following:
The Utah Social Media Regulation Act requires social media companies to verify the age of all users in Utah and to obtain the consent of a parent or guardian before a minor can create an account.
The act prohibits social media companies from targeting ads or content to minors and from collecting personal information from minors.

The act is likely to be followed by other states.
The act is likely to be challenged in court, as it raises First Amendment concerns.
Businesses should review their social media policies to ensure compliance with the act.
Feel free to contact us via email (corey@silversteinlegal.com) or telephone (248) 290-0655 if you would like to discuss how this new law may affect your business.

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