A trade group representing TikTok and other large technology companies on Dec. 18 filed a lawsuit against the state of Utah for its first-of-its-kind rules requiring children and teenagers to acquire informed consent from their parents before using social media apps.
The suit (pdf) has to do with two laws signed in March by Republican Gov. Spencer Cox and slated to go into effect March 1, 2024, making it illegal for minors to use social media between the hours of 10:30 p.m. and 6:30 a.m. unless they have parental approval.
Additionally, young people will be required to provide proof of age in order to create and maintain a social media account in the state. The limits are intended to shield children from engaging in activities that could have a detrimental effect on their mental health, such as being exposed to addictive elements and targeted marketing.
In the federal complaint filed, the trade group known as NetChoice says that Utah’s regulations violate the Constitution because they restrict access to public content, jeopardize data security, and undermine parental rights.
Plaintiff’s Case
“NetChoice believes that families equipped with educational resources are capable of determining the best approach to online services and privacy protections for themselves,” said Chris Marchese, Director of the NetChoice Litigation Center, according to a press release from the organization. “With NetChoice v. Reyes, we are fighting to ensure that all Utahns can embrace digital tools without the forceful clutch of government control.”
“Now that these tools are prominent in our lives and important for our economy, young people should learn how to harness their power while developing healthy and safe habits.”
Meta, the parent company of Facebook and Instagram, TikTok, Snap Inc. (the parent company of Snapchat), and X, formerly Twitter, are among the world’s major social media businesses that are members of the trade group.
The office of Utah Attorney General Sean Reyes will serve as representation for the state in court.
A representative from the attorney general’s office responded to news of the suit in a statement to The Epoch Times.
“The State of Utah is reviewing the lawsuit but remains intently focused on the goal of this legislation: Protecting young people from negative and harmful effects of social media use,” it said.
Social media companies in Utah would face heavy fines for failing to adhere to the age-verification requirement if the law is implemented. However, NetChoice makes the argument in their suit that the law could put users at risk by gathering too much personal information about them.
Companies are not allowed to employ any design or function that could lead a young person to develop an addiction to their software, according to state legislation.
The new laws make it easier for parents to view their children’s social media profiles and sue companies they believe have hurt their children. The legislation places the burden of proof on the social media corporations rather than the families, who had to prove that their products were safe.
The new rules apply to all social media platforms that have a minimum of five thousand users. According to the lawsuit, the state-imposed social media curfew might have a harmful effect on children since it would prevent them from accessing the news, study tools, and communicating with their classmates.
As NetChoice’s lawsuit progresses through the courts, the company has requested a federal judge to prevent the laws from going into force.
Similar Actions
NetChoice filed a similar lawsuit in Arkansas that ended with a federal judge temporarily blocking enforcement of the law that required parental consent for minors to create new social media accounts. Texas and Louisiana also have similar laws that have yet to take effect.
Just weeks before the suit was filed, a judge ruled to block Montana’s total ban on TikTok, finding it to be unconstitutional and “more interested in targeting China’s role” in the app than protecting consumers.
U.S. District Judge Donald Molloy said in his preliminary injunction that Senate Bill 419, signed into law in May, “oversteps state power and infringes on the constitutional rights of users and businesses.”
On a federal level, Rep. Mike Gallagher (R-Wis.) has asserted that TikTok is likely a tool being used by the Chinese Communist Party (CCP)
“The CCP calls it ‘cognitive domain warfare,’ part of their larger political warfare strategy,” he said in prepared comments for a Nov. 30 hearing of the House Select Committee on the CCP.
“Cognitive warfare is not something we tend to think about here in the West. Sure, we have ideas like soft power, but they’re not a national strategy,” he said.
“On the ‘smokeless battlefield’ of people’s minds, we don’t have a standing military at all.”
Andrew Thornbrooke and The Associated Press contributed to this report.
From The Epoch Times
