34-23-504. Minor's right of deletion.

657 words·~3 min read·/ut/title-34/chapter-23/34-23-504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)An individual, who is at least 18 years old, may request that a content creator delete or edit any social media content that the content creator posted featuring the individual as a qualifying minor or a market value compensated minor by making a request to a social media company.

(2)The social media company may verify the age of the individual when the individual submits the request to delete or edit the content creator's post featuring the individual as a qualifying minor or market value compensated minor.

(3)A social media company shall provide a readily apparent process for an individual described in Subsection

(1)to submit a request for a content creator to:

(a)delete the post from the social media platform; or

(b)edit posts to remove the individual's personal content.

(4)An individual submitting a request under this section shall include all information reasonably requested by the social media company to identify the individual and the social media content featuring the individual as a qualifying minor or a market value compensated minor that the individual requests to delete or edit.

(5)Upon receiving a request described in Subsection

(1), a social media company shall inform the content creator of the request within three business days after the day on which the social media company receives the request.

(a)Within ten business days after the day on which the content creator receives the notice described in Subsection (5), the content creator shall:

(i)delete or edit the social media content described in the request; or

(ii)notify the social media company of:

(A)the content creator's decision to not delete or edit the social media content; and

(B)the content creator's reason for not deleting or editing the social media content.

(b)The social media company shall inform the individual making the request of the content creator's decision under Subsection (6)(a) within three business days after the day on which the social media company receives notification from the content creator.

(a)Subject to Subsection (7)(d) , an individual who was a qualifying minor or a market value compensated minor has a right of action under this section against the content creator if the content creator does not edit or delete social media content that features the individual after a request described in Subsection

(1).

(b)If an individual brings an action in accordance with Subsection (7)(a) , a court shall consider:

(i)any emotional harm or substantial embarrassment the social media content causes the individual;

(ii)the interests of the content creator in the social media content; and

(iii)the public interest served by the social media content.

(c)If the court issues an order requiring the content creator to delete the social media content that is the subject of the individual's request, the court shall award the individual:

(i)if the content creator's social media content featured the individual as a qualifying minor:

(A)actual damages; and

(B)reasonable costs and attorney fees; or

(ii)if the content creator's social media content featured the individual as a market value compensated minor, actual damages that occurred after the day on which the individual turned 18 years old.

(d)An individual who was a market value compensated minor may bring an action under this Subsection

(7)for up to the later of:

(i)three years after the day on which the individual turns 18 years old; or

(ii)three years after the day on which the individual knew or should have known that the social media content inflicted emotional harm or substantial embarrassment.

(8)The provisions of this section supersede any agreement related to venue, arbitration, or mediation in a contract entered into after May 7, 2025, between an individual petitioning a court to edit or delete the social media content and a social media service.

Enacted by Chapter 245 , 2025 General Session