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Tech companies ask judge to block Utah social media law

Social media firms made billions advertising to minors
Posted at 7:04 PM, May 03, 2024
and last updated 2024-05-04 09:57:21-04

SALT LAKE CITY — A coalition of tech companies is asking a judge to block Utah's latest social media platform regulations from going into effect.

In an amended lawsuit filed in federal court, NetChoice outlined a series of problems with the latest laws passed by the Utah State Legislature this year.

"For the second time, Utah has enacted a law violating bedrock constitutional principles of free speech in attempting to regulate minors’ access to 'social media,'" NetChoice attorneys wrote.

The tech companies, which include social media platforms like Meta (the owner of Instagram, Facebook and Threads), TikTok, Google (which owns YouTube), Snapchat and X (formerly Twitter), allege the latest laws passed by the legislature are still unconstitutional and impact Utahns' privacy and security. In response to lawsuits over the social media restrictions, which included proof-of-age demands and advertising restrictions, lawmakers did revise their restrictions.

There are still parental consent and age-verification requirements (including use of third parties to do another type of verification), but social media platforms can reduce their liability in civil lawsuits if they would strip algorithms, disable autoplay and other engagement tools, and set time limits on use.

In a statement to FOX 13 News, NetChoice argued that it was not enough.

"Regrettably, Utah’s government has chosen to double down on its misguided laws that thwart parents, undermine the state's dynamic creator economy, jeopardize the data security of its citizens and violate their constitutional rights. Utahns—not the government—should be able to determine how they and their families use technology,” said Chris Marchese, Director of the NetChoice Litigation Center. “We look forward to seeing the State in court."

NetChoice is asking U.S. District Court Judge Ann Marie McIff Allen for an injunction blocking Utah's new law from going into effect.

"We have received the complaint and are in the process of reviewing it," the Utah Department of Commerce's Division of Consumer Protection said in a statement to FOX 13 News. "Despite the allegations in the complaint, we are confident that the social media laws are constitutional and will survive this legal challenge. Utah will remain at the forefront of efforts to hold social media accountable for the harms it causes and intends to stay in this fight to protect our children for the long haul."