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Utah Code Title 78B. Judicial Code § 78B-3-1104. Affirmative defense

Current as of January 01, 2025 | Updated by Findlaw Staff

(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).

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-3-1104. Affirmative defense - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-3-1104/

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