78B-3-1103. Private right of action.

478 words·~2 min read·/ut/title-78b/chapter-3/78b-3-1103

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

Effective 10/1/2024

(1)A Utah minor account holder or a Utah minor account holder's parent may bring a cause of action against a social media company in court for an adverse mental health outcome arising, in whole or in part, from the minor's excessive use of the social media company's algorithmically curated social media service.

(2)To recover damages in a cause of action brought under this section, a person bringing the cause of action must demonstrate:

(a)that the Utah minor account holder has been diagnosed by a licensed mental health care provider with an adverse mental health outcome; and

(b)that the adverse mental health outcome was caused by the Utah minor account holder's excessive use of an algorithmically curated social media service.

(3)Except as provided in Subsection (4), a person who brings an action described in Subsection (1), is entitled to a rebuttable presumption that:

(a)the Utah minor account holder's adverse mental health outcome was caused, in whole or in part, by the Utah minor account holder's excessive use of the algorithmically curated social media service; and

(b)the Utah minor account holder's excessive use of the algorithmically curated social media service was caused, in whole or in part, by the algorithmically curated social media service's curation algorithm and engagement driven design elements.

(4)A social media company that complies with the provisions of Section 78B-11-1104 is entitled to a rebuttable presumption that:

(a)the Utah minor account holder's adverse mental health outcome was not caused, in whole or in part, by the Utah minor account holder's excessive use of the algorithmically curated social media service; and

(b)the Utah minor account holder's excessive use of the algorithmically curated social media service was not caused, in whole or in part, by the algorithmically curated social media service's curation algorithm and engagement driven design elements.

(5)If a court or fact finder finds that a Utah minor account holder suffered any adverse mental health outcome as a result of the Utah minor account holder's use of a social media company's algorithmically curated social media service, the person seeking relief is entitled to:

(a)an award of reasonable attorney fees and court costs; and

(b)an amount equal to the greater of:

(i)$10,000 for each adverse mental health outcome incidence; or

(ii)the amount of actual damages.

(6)A social media company may not be held liable under this part:

(a)based on the content of material posted by users of the algorithmically curated social media service; or

(b)for declining to restrict access to or modify user posts based solely on the content of those posts.

(7)Nothing in this part shall displace any other available remedies or rights authorized under the laws of this state or the United States.

Enacted by Chapter 224 , 2024 General Session