A group representing TikTok, Meta and X sues Utah over strict new limits on app use for minors

SALT LAKE CITY — A trade group representing TikTok and other major tech companies sued Utah on Monday over its first-in-the-nation laws that require children and teens to obtain parental consent to use social media apps.

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

The restrictions are intended to protect children from targeted advertising and addictive properties that can negatively impact their mental health. Both laws will come into effect on March 1, 2024.

The trade group NetChoice argues in its federal lawsuit that Utah's rules, while well-intentioned, are unconstitutional because they limit access to public content, compromise data security and undermine parents' rights.

“We are fighting to ensure that all Utahns can embrace digital tools without the powerful grip of government control,” said Chris Marchese, director of the NetChoice Litigation Center. The trade association includes many of the world's leading social media companies, including TikTok, Snapchat parent company Snap Inc., Facebook and Instagram parent company Meta, and X, formerly known as Twitter.

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

“I will not shy away from a potential legal challenge if these companies are killing our children,” Cox argued 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 will represent the state in court.

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

In another lawsuit filed by NetChoice, a federal judge has 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 laws impose stiff fines on social media companies that don't follow the age verification rule. According to NetChoice, this could lead to companies collecting an excess of personal information from users, which could ultimately compromise their online security. Government regulations prohibit companies from using designs or features that could cause a child to become addicted to their app.

Under the law, parents will have access to their children's accounts and can more easily sue social media companies they claim have harmed their children. The laws shift the burden of proof from families to social media companies, requiring them to prove that their products are not harmful. Any social media platform with at least five million users is subject to the new regulations.

The lawsuit also challenges the state-imposed social media curfew, arguing that it could negatively impact children by cutting them off from news, study materials and communication with their peers.

NetChoice has asked a federal judge to block the laws from taking effect while the case is processed through the court system.