United States of America: Announced public lawsuit against the State of Utah challenging the constitutionality of Social Media Regulation Act (SB 152)

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Announced public lawsuit against the State of Utah challenging the constitutionality of Social Media Regulation Act (SB 152)

On 18 December 2023, NetChoice LLC filed a lawsuit against the State of Utah, challenging the Social Media Regulation Act (SB 152), which will enter into force on 1 March 2024. The plaintiff argues that HB 311 is unlawful because it violates the First Amendment of the US Constitution and is too vaguely formulated to fulfil the requirements of the due process clause. Furthermore, the plaintiff lists that various provisions in the Act are unlawful, including the requirement that all users have to verify their age online, that advertisement to minors online and personalised content shall be forbidden and the ban of minors using "covered websites" during certain times. These provisions are argued to compromise users' data security and suppress families' autonomous choice of how they want their children to use the internet.

Original source

Scope

Policy Area
Authorisation, registration and licensing
Policy Instrument
Age verification requirement
Regulated Economic Activity
online advertising provider, platform intermediary: user-generated content
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-12-18
under deliberation

On 18 December 2023, NetChoice LLC filed a lawsuit against the State of Utah, challenging the Socia…