Utah faces lawsuit from TikTok, Meta, and X over stringent restrictions on app usage by minors

On Monday, a trade group representing TikTok and other prominent tech companies filed a lawsuit against Utah for its pioneering legislation, which mandates parental consent for children and teenagers to access social media applications.

Two laws signed by Republican Gov. Spencer Cox in March prohibit minors from using social media at 10:30 p.m. and 6:30 a.m., unless a parent has given permission — and require age verification to open and maintain a social media account in the state.

The restrictions are designed to protect children from targeted ads and addictive features that can negatively impact their mental health. Both laws enter into force on March 1, 2024.

NetChoice, a trade group, claims in a federal lawsuit that Utah’s regulations, while well-intentioned, are unconstitutional because they limit access to public content, compromise data security and undermine parental rights.

“We’re fighting to make sure all Utahns can embrace digital tools without a heavy government switch,” said Chris Marchese, director of the NetChoice Litigation Center. The association includes many of the world’s leading social media companies, including TikTok, Snapchat parent Snap Inc., Facebook and Instagram parent Meta, and X, formerly known as Twitter.

Cox predicted both bills would be challenged by lawsuits, but said he wasn’t worried because there is a growing body of research showing how social media use can negatively impact children’s mental health outcomes.

“I’m not going to back down from a potential legal challenge when these companies are killing our children,” Cox claimed earlier this year.

The governor’s office did not immediately respond Monday to emails seeking comment on the lawsuit. Utah Attorney General Sean Reyes’ office is representing the state in court.

“The state of Utah is reviewing the lawsuit, but remains closely focused on the goal of this legislation: protecting youth from the negative and harmful effects of social media use,” spokesman Richard Piatt said.

In another lawsuit brought by NetChoice, a federal judge temporarily blocked Arkansas from enforcing its new law requiring parental consent for minors to create new social media accounts. Similar laws in Texas and Louisiana have not yet gone into effect.

Utah state law imposes steep fines on social media companies that don’t comply with the age verification rule, which NetChoice says could lead to the companies collecting too much personal , their an online information that companies collect online security. State regulations prohibit companies from using design or features that make a child addicted to their app.

Under the laws, parents have access to their children’s accounts and can more easily sue social media companies that allegedly harmed their children. The laws shift the burden of proof from families to social media companies, requiring them to prove their products were not harmful. All social media platforms with at least five million users will be subject to the new regulations.

The lawsuit also challenges the state’s social media curfew, arguing that it can negatively affect children by cutting them off from news, study tools and communication with their peers.

NetChoice has asked a federal judge to stop the laws from going into effect while its case moves through the court system.