Utah Code 78B-3-1104. Affirmative defense
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(1) A person is not entitled to the rebuttable presumption described in Subsection 78B-11-1103 (3), and a social media company is entitled to the rebuttable presumption described in Subsection 78B-11-1103 (4), if the social media company demonstrates to the court that the social media company:
Terms Used In Utah Code 78B-3-1104
- Account holder: means the same as that term is defined in Section
13-71-101 . 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
- 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- Minor: means the same as that term is defined in Section
13-71-101 . See Utah Code 78B-3-1101- Parent: includes a legal guardian. See Utah Code 78B-3-1101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Social media company: means the same as that term is defined in Section
13-71-101 . See Utah Code 78B-3-1101- Social media service: means the same as that term is defined in Section
13-71-101 . See Utah Code 78B-3-1101- Utah minor account holder: means the same as that term is defined in Section
13-71-101 . See Utah Code 78B-3-1101(1)(a) limits a Utah minor account holder‘s use of the algorithmically curated social media service to no more than three hours in a 24 hour period across all devices;(1)(b) restricts a Utah minor account holder from accessing the algorithmically curated social media service between the hours of 10:30 p.m. and 6:30 a.m.;(1)(c) requires the parent or legal guardian of the minor to consent to a Utah minor account holder’s use of the algorithmically curated social media service; and(1)(d) disables engagement driven design elements for a Utah minor account holder’s account.(2) A social media company may utilize settings that are enabled at the device level to impose the requirements described in Subsection (1).(3) Notwithstanding Subsection (2), a social media company remains liable to ensure that the Utah minor account holder’s account is subject to the restrictions of Subsection (1). - Engagement driven design elements: means :