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Senate advances social media restrictions for minors amid debate over enforceability

February 16, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate advances social media restrictions for minors amid debate over enforceability
The Utah Senate took up a contentious package of social media restrictions when it uncircled second‑substitute House Bill 311 for floor debate. Sponsor presentation described a bill intended to empower parents, create a presumption of harm for minors under 16, require accessible parental‑consent mechanisms from service providers, and bar design features the sponsor said are intended to create addictive use among minors.

Sponsor summary and enforcement framework
The sponsor told senators the bill includes a private right of action allowing parents to seek damages and attorney fees; it also places the burden on social media companies to rebut a statutory presumption that a minor under 16 has been harmed. The Division of Consumer Protection would be authorized to investigate complaints and seek civil penalties or injunctions, with companies afforded a 30‑day right to cure alleged violations.

Concerns and discussion
Several senators supported the policy goals but raised questions about how causation and harm would be proved in court, whether companies might withdraw services from Utah, and the need to align effective dates and definitions with companion bills. One senator said the evidentiary bar for proving harm to a minor is high and questioned the enforceability of private‑party claims; others said coordination and substitute language were expected before final passage.

Outcome and next steps
The Senate passed the bill on second reading (roll call recorded 22–5) and the floor acknowledged likely substitution and coordinated effective dates; later procedural action moved the bill to the table on third reading pending fiscal or substitute work. Supporters said the measure complements other state efforts to address digital harms to children; opponents warned the bill could be legally or practically difficult to enforce.

What to watch
- Whether sponsors file a substitute that narrows definitions or changes enforcement mechanics.
- Any changes to the private right of action or the presumptions of harm.
- Coordination of effective dates with companion legislation and any resulting legal challenges.

Ending
Senators signaled continued work between now and final passage; technical fixes and fiscal/workload notes will determine timing and the bill’s final form.

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