Tech group representing major tech companies, NetChoice filed a lawsuit on Monday challenging Utah's groundbreaking laws mandating parental consent for children and teens to access social media apps.
The laws, signed by Republican Governor Spencer Cox in March, also impose restrictions on social media usage for minors between 10:30 p.m. and 6:30 a.m., requiring parental authorization, as per Associated Press.
NetChoice Challenges Utah Social Media Laws
A photo taken on October 21, 2020 shows the logo of the multinational American Internet technology and services company, Google (center), the American online social media and social networking service, clockwise: Facebook (Top), Twitter, Tik Tok, Snapchat, and Instragram (top L) on a computer screen in Lille.
NetChoice lodged the lawsuit in federal court, naming Utah Attorney General Sean Reyes and Division of Consumer Protection Director Katherine Hass as defendants. The laws, championed by Governor Cox, aim to safeguard teenagers from potential mental health harms associated with social media.
The legislation includes provisions necessitating parental consent for minors to sign up, implementing parental controls for minors' accounts, and facilitating private individuals to sue social media companies for perceived harms.
Opponents, including industry groups, argue that the laws raise concerns related to free speech and privacy. NetChoice echoed these concerns in its court filing, asserting that the laws violate the First Amendment by linking free speech rights to personal data for age verification.
The lawsuit also contends that the laws infringe on the Equal Protection Clause of the 14th Amendment and other federal statutes. NetChoice emphasized its belief in families equipped with educational resources to determine online service and privacy protection approaches.
Chris Marchese, director of the NetChoice Litigation Center, stated, "We are fighting to ensure that all Utahns embrace digital tools without the forceful clutch of government control."
Meta, the parent company of Facebook and Instagram, voiced its support for federal legislation streamlining parental approval for teens' app downloads. Meta expressed concerns about the current "patchwork" of state laws governing app use, deeming it cumbersome for parents.
Utah's laws apply to platforms with at least 5 million users, exempting smaller platforms. NetChoice argues that this creates disparate regulations for websites with similar social content based on user numbers, according to KSL.
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Utah Leaders Address Social Media's Impact
In response to the lawsuit, Utah Senate President Stuart Adams emphasized the state's commitment to addressing mental health issues aggravated by social media platforms, especially among young people. The state has previously filed suits against major social media platforms, alleging that they knowingly designed features addictive to minors.
Governor Cox, a vocal critic of social media companies, has likened them to the tobacco industry and has expressed concern about their impact on the mental health of children. The state has ongoing investigations into platforms like TikTok, accusing them of harming youth mental health through addictive algorithms and targeted advertising.
Despite the legal challenges and opposition, lawmakers in Utah assert the necessity of protecting minors online and view the social media regulations as a crucial step in addressing the adverse effects of excessive social media use on mental health.
The lawsuit by NetChoice seeks to prevent the laws from taking effect on March 1, 2024, and requests that the state cover attorney fees and litigation costs if the plaintiffs prevail. The legal battle underscores the complex intersection of technology, regulation, and free speech rights in the evolving landscape of social media governance, Fox 13 reported.
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