by Kirk J. Nahra, Ali A. Jessani, and Samuel Kane
From left to right: Kirk J. Nahra, Ali A. Jessani, Samuel Kane.
On October 15, the Utah Department of Commerce’s Consumer Protection Division published a Proposed Rule implementing elements of the Utah Social Media Regulation Act (SMRA), which was signed into law in March 2023.
The SMRA imposes a range of requirements on social media companies related to minors’ use of social media platforms. The law, for example, requires that social media companies verify users’ ages, obtain parental consent authorizing minors to use the companies’ services, limit the functionality of minors’ accounts (e.g., messaging, advertising), and restrict the hours at which minors can access their accounts. The law also includes broad restrictions on these companies’ use of practices, designs, or features that contribute to minors’ addiction to social media. Importantly, the law is enforceable both by the Consumer Protection Division and through a private right of action. The Proposed Rule, in turn, offers additional specifics regarding how social media companies can satisfy the SMRA’s age verification and parental consent requirements. Public comments on the Proposed Rule will be accepted until February 5, 2024.
