The Legislature finds that:

(1) social media services utilize curation algorithms and engagement driven design elements to maximize user engagement;

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Terms Used In Utah Code 78B-3-1102

  • Adverse mental health outcome: includes depression, anxiety, suicidal thoughts or behaviors, and self-harm thoughts or behaviors. See Utah Code 78B-3-1101
  • Algorithmically curated social media service: means a social media service that drives user engagement primarily through the use of:
         (3)(a) a curation algorithm; and
         (3)(b) engagement driven design elements. See Utah Code 78B-3-1101
  • Content: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
  • Engagement driven design elements: means :
         (6)(a) autoplay features that continuously play content without requiring user interaction;
         (6)(b) scroll or pagination that loads additional content as long as the user continues scrolling; or
         (6)(c) push notifications. See Utah Code 78B-3-1101
  • Excessive use: means the use of a social media service by a minor to an extent that the use substantially interferes with the minor's normal functioning in:
         (7)(a) academic performance;
         (7)(b) sleep;
         (7)(c) in-person relationships;
         (7)(d) mental health; or
         (7)(e) physical health. See Utah Code 78B-3-1101
  • Minor: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Social media service: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • User: means the same as that term is defined in Section 13-71-101. See Utah Code 78B-3-1101
(2) minors are particularly vulnerable to manipulation by the use of curation algorithms and engagement driven design elements;
(3) a minor‘s excessive use of an algorithmically curated social media service is likely to cause adverse mental health outcomes in minors, regardless of the content being viewed;
(4) the risk of an adverse mental health outcome resulting from the excessive use of an algorithmically curated social media service increases when a minor uses the service for more than three hours per day, or during regular sleeping hours;
(5) algorithmically curated social media services are designed without sufficient tools to allow adequate parental oversight, exposing minors to risks that could be mitigated with additional parental control;
(6) protecting minors from the risks associated with the use of algorithmically curated social media services requires intervention at a societal level, informed by expertise in technology, psychology, and youth mental health;
(7) the state has a long-established role and responsibility in implementing protections and regulations to safeguard the health and welfare of minors;
(8) the state has enacted safeguards around products and activities that pose risks to minors, including regulations on motor vehicles, medications, and products and services targeted to children;
(9) any adverse mental health outcomes for minors that are linked to the excessive use of algorithmically curated social media services are a serious public health concern for the state; and
(10) the state has a compelling interest to protect minors in the state against adverse mental health outcomes.