Privacy & Information Security Law Blog

On March 1-3, 2023, the Utah legislature passed a series of bills, SB 152 and HB 311, regarding social media usage for minors. For social media companies with more than five million users worldwide, SB 152 would require parental permission for social media accounts for users under age 18, while HB 311 would hold social media companies liable for harm minors experience on the platforms. Both bills have been sent to the governor’s desk for signature.

• SB 152: Beginning in March 2024, SB 152 would require social media companies to verify the age of a Utah resident seeking to maintain or open an account, and would require the consent of a parent or guardian before a minor under age 18 could maintain or open an account. Users who refuse to verify their age would risk losing an existing account, even if over age 18. For accounts registered to minors, the bill would require the relevant social media company to provide the minor’s parent or guardian access to the content and interactions of the account. The bill also would ban social media companies from serving ads to minors, and from collecting, sharing or using personal information from minors’ accounts.  

• HB 311: Also effective March 2024, HB 311 would prohibit social media companies from designing their platforms in a way that “causes a minor to have an addiction to the company's social media platform.” In addition to enforcement by the Utah Division of Consumer Protection, the bill also creates a private right of action to collect damages for harm incurred by a minor’s use of a social media platform.

Utah Governor Spencer Cox has not yet signed the bills.

Read SB 152 and HB 311.

Update: On March 23, 2023, the Utah Governor signed bills SB 152 and HB 311.