NetChoice, a trade group representing TikTok and other major tech companies, sued Utah on Monday, accusing it of requiring children and teens to get parental consent to use social media apps. Two laws signed by Republican Gov. Spencer Cox in March would ban minors from using social media between 10:30 p.m. 6:30 a.m. Unless authorized by a parent, age verification is required to open and maintain social media accounts in the state.
These restrictions are designed to protect children from targeted advertising and addictive features that may have a negative impact on their mental health. Both laws will take effect on March 1, 2024.
The NetChoice trade group argued in its federal lawsuit that while Utah's regulations were well-intentioned, they were unconstitutional because they restricted access to public content, compromised data security and undermined parental rights.
"We are working hard to ensure that all Utahns have access to digital tools without strong government control," said Chris Marchese, director of the NetChoice Litigation Center. The industry 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 Twitter).
Cox expects there will be lawsuits against both bills, but said he's not concerned because of growing research showing social media use can negatively impact children's mental health outcomes.
"I will not back down from potential legal challenges when these companies endanger our children," Cox said earlier this year.
The governor's office did not immediately respond to an email Monday seeking comment on the lawsuit. Utah Attorney General Sean Reyes' office will represent the state in court.
"Utah is reviewing the lawsuit but remains focused on the goal of this legislation: protecting young people from the negative and harmful effects of social media use," spokesman Richard Piatt said.
In a separate lawsuit filed by NetChoice, a federal judge temporarily blocked Arkansas from enforcing a new law that requires minors to get parental consent when creating new social media accounts. Similar laws in Texas and Louisiana have not yet taken effect.
Utah law imposes hefty fines on social media companies that don't comply with age verification rules, which NetChoice said could lead to companies collecting too much personal information from users, which could ultimately threaten their online security. State regulations prohibit the company from using any design or feature that causes children to become addicted to its apps.
Under the law, parents will have access to their children's accounts and can more easily sue social media companies they claim have caused harm to their children. These laws shift the burden of proof from households to social media companies, requiring them to prove that their products are harmless. Any social media platform with at least 5 million users must comply with the new regulations.
The lawsuit also challenges state-imposed social media curfews, arguing it could negatively impact children by denying them access to news, learning tools and communication with their peers.
NetChoice has asked a federal judge to block the law from taking effect while its case moves through the legal system.