By SALT LAKE CITY — A trade group representing major tech companies, including TikTok, has filed a lawsuit against Utah over the state’s first-in-the-nation laws requiring parental consent for children and teens to use social media apps.
These restrictions aim to safeguard children from targeted advertisements and addictive features that can have a negative impact on their mental health. Both laws will take effect on March 1, 2024.
The legal challenge, brought by the NetChoice trade group, argues that although the regulations have good intentions, they are unconstitutional because they limit access to public content, jeopardize data security, and infringe upon parental rights.
“We are fighting to ensure that all Utahns can embrace digital tools without the forceful clutch of government control,” said Chris Marchese, Director of the NetChoice Litigation Center. The trade association includes leading social media companies such as TikTok, Snap Inc. (parent company of Snapchat), Facebook, Instagram (parent company Meta), and X (formerly known as Twitter).
Governor Cox anticipated legal challenges to both bills but expressed confidence in light of the growing body of research illustrating the adverse mental health effects of social media use among children.
“I’m not going to back down from a potential legal challenge when these companies are killing our kids,” Cox stated earlier this year.
As of now, the governor’s office has not responded to requests for comment on the lawsuit, while the Utah Attorney General’s office will represent the state in court.
Utah’s Legislation Aims to Protect Young People from Harmful Effects of Social Media Use
Utah is currently reviewing a lawsuit, but their focus remains steadfast on the goal of their legislation: safeguarding young individuals from the negative and detrimental consequences of social media usage. Richard Piatt, a spokesperson, emphasized this commitment.
Additionally, NetChoice, an advocacy group, has filed a lawsuit that successfully obtained a temporary block on Arkansas’ new law. This law required parental consent for minors to create new social media accounts. Similar legislation in Texas and Louisiana has not yet been enforced.
Utah’s state laws include severe fines for social media companies that fail to adhere to the age-verification requirement. However, NetChoice raises concerns that this may lead companies to collect excessive personal information from users, thereby posing a threat to online safety. The regulations also prohibit companies from incorporating any design or feature that may contribute to addictive behavior among children.
One significant aspect of the laws is that parents will now have access to their children’s accounts, enabling them to take legal action against social media platforms they believe are responsible for harm caused to their children. Consequently, the burden of proof is shifted onto the social media companies as they must demonstrate that their products were not harmful. These new regulations apply to any social media platform with a minimum of five million users.
Furthermore, the lawsuit challenges the social media curfew imposed by the state, suggesting that it could have a negative impact on children by depriving them of news updates, study tools, and communication with their peers.
NetChoice has brought the case before a federal judge and sought an injunction to halt the implementation of the laws until the legal proceedings are complete.
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