Utah § 78B-3-1104 Affirmative defense.

Utah Statutes

§ 78B-3-1104 — Affirmative defense.

Utah·Title 78B Judicial Code·Ch. 78B-3 Civil Actions·Part 78B-3-11 Harm to Minors by Algorithmically Curated Social Media Service

(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:

(1)(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;

(1)(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.;

(1)(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

(1)(d) disables enga

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(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:
(1)(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;
(1)(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.;
(1)(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
(1)(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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