13-63-102. Age requirements for use of social media platform — Parental consent — Rulemaking authority of division.
(1)
Beginning March 1, 2024, a social media company may not permit a Utah resident who is a minor to be an account holder on the social media company’s social media platform unless the Utah resident has the express consent of a parent or guardian.
Terms Used In Utah Code 13-63-102
Account holder: means a person who has, or opens, an account or profile to use a social media company's platform. See Utah Code 13-63-101
Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-63-101
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah account holder: includes a Utah minor account holder. See Utah Code 13-63-101
Utah resident: means an individual who currently resides in Utah. See Utah Code 13-63-101
(2)
Notwithstanding any provision of this chapter, a social media company may not permit a Utah resident who is a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account under any other provision of state or federal law.
(3)
(a)
Beginning March 1, 2024, a social media company shall verify the age of an existing or new Utah account holder and, if the existing or new account holder is a minor, confirm that a minor has consent as required under Subsection (1):
(i)
for a new account, at the time the Utah resident opens the account; or
(ii)
for a Utah account holder who has not provided age verification as required under this section, within 14 calendar days of the Utah account holder’s attempt to access the account.
(b)
If a Utah account holder fails to meet the verification requirements of this section within the required time period, the social media company shall deny access to the account:
establish processes or means by which a social media company may meet the age verification requirements of this chapter;
(b)
establish acceptable forms or methods of identification, which may not be limited to a valid identification card issued by a government entity;
(c)
establish requirements for providing confirmation of the receipt of any information provided by a person seeking to verify age under this chapter;
(d)
establish processes or means to confirm that a parent or guardian has provided consent for the minor to open or use an account as required under this section;
(e)
establish requirements for retaining, protecting, and securely disposing of any information obtained by a social media company or its agent as a result of compliance with the requirements of this chapter;
(f)
require that information obtained by a social media company or its agent in order to comply with the requirements of this chapter are only retained for the purpose of compliance and may not be used for any other purpose;
(g)
if the division permits an agent to process verification requirements required by this section, require that the agent have its principal place of business in the United States of America;
(h)
require other applicable state agencies to comply with any rules promulgated under the authority of this section; and
