78B-3-1104. Affirmative defense.
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Effective 10/1/2024
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).
Enacted by Chapter 224 , 2024 General Session