A trade group led by tech giants TikTok, Meta, and X has recently launched a federal lawsuit against the state of Utah over stringent social media laws aimed at regulating teen access.
As NBC News reports, the NetChoice trade group, representing some of the world's largest social media companies, contends that Utah's new regulations, slated to take effect on March 1, 2024, are not only well-intentioned but unconstitutional.
Utah's Controversial Social Media Law
Utah's legislation, signed into law by Governor Spencer Cox earlier this year, marks a significant departure in regulating social media usage among minors.
"Utah's leading the way in holding social media companies accountable - and we're not slowing down anytime soon," the governor said on social media.
We’re no longer willing to let social media companies continue to harm the mental health of our youth. Today we signed two key bills in our fight against social media companies into law:
— Utah Gov. Spencer J. Cox (@GovCox) March 23, 2023
➡️ SB152 requires social media companies to verify that users in https://t.co/GVAcSi9zHx… pic.twitter.com/M1Kbya1xQi
The laws demand explicit parental consent for anyone under 18 to access platforms like TikTok, Instagram, and Facebook. Moreover, these regulations institute a nighttime curfew, barring minors from accessing social media between 10:30 p.m. and 6:30 a.m., unless authorized by a parent or guardian.
The core objective of these laws is to shield young users from targeted ads and addictive features that could potentially harm their mental well-being.
However, the NetChoice coalition argues that these measures encroach upon constitutional rights, impede access to public content, compromise data security, and infringe on parental autonomy.
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Critics Voice Out Concerns
Chris Marchese, Director of the NetChoice Litigation Center, emphasized, "We are fighting to ensure that all Utahns can embrace digital tools without the forceful clutch of government control."
Governor Cox stands firm in support of these laws, citing a growing body of research indicating the detrimental impact of social media on children's mental health. "I'm not going to back down from a potential legal challenge when these companies are killing our kids," Cox declared earlier this year.
Utah's laws place substantial obligations on social media platforms, including stringent fines for non-compliance with age verification rules. This, according to NetChoice, might lead companies to gather excessive personal information, potentially jeopardizing users' online safety.
Moreover, these regulations shift the burden of proof onto social media companies, requiring them to demonstrate that their products are not harmful. Any platform boasting a user base of at least five million falls under the purview of these laws, granting parents access to their children's accounts and empowering them to sue platforms they deem harmful.
The Guardian tells us in a piece from March that the lawsuit raises concerns about the practicality of enforcing these laws and the potential exclusion of marginalized youth, including LGBTQ+ teens, from essential online support networks.
Civil liberties groups have voiced apprehensions that such stringent provisions could restrict access to crucial information and impede freedom of expression.
More States Implementing Similar Laws
Interestingly, Utah is not alone in its attempt to regulate teen social media use. Several states, including Arkansas, Texas, Connecticut, Ohio, and California, have proposed or implemented measures aimed at safeguarding minors' online experiences, albeit with varying degrees of restriction.
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