The Utah Administrative Rules Office has taken a major step in implementing the Utah Social Media Regulation Act (SMRA) by publishing the rule, a significant development for the regulation of social media platforms. The rule was developed and submitted by the Consumer Protection Division of the state’s Department of Commerce.
The Division has demonstrated a strong commitment to public engagement by inviting the community to share their comments and experiences related to minors on social media platforms. Interested citizens can do so through socialmedia.utah.gov until February 5, 2024. In addition, a public hearing will be held in the Senate Building of the Capitol, specifically in Room 220, on November 1st.
The SMRA, in essence, establishes that social media companies must take steps to verify whether a user is a minor. If so, they will be required to obtain consent from parents or legal guardians before the minor can open or maintain an account on the platform.
The process that led to this rule was rigorous and comprehensive. Over the past few months, the Division has been dedicated to researching various methodologies for user age verification and the parental consent process. Stakeholder input and feedback were also reviewed, which helped to enrich the rulemaking process.
One of the highlights of this initiative is the ability of existing technologies to accurately verify user age. The rule provides specific examples of technologies that social media companies can employ for this purpose. This will allow companies to offer users multiple safe and private options, striking a balance between effectiveness, cost, and ease of use for creating an account.
In line with best practices and online child protection standards, the Division has modeled the parental consent requirements on the Federal Trade Commission (FTC) standard under the Children’s Online Privacy Protection Act (COPPA). These requirements were designed to ensure that operators of websites and online services comply with their responsibility to protect the data, privacy, and safety of children using these online platforms.
In addition to meeting the FTC standard, the SMRA rule also establishes the requirement that parents provide proof that they are legally authorized to provide consent on behalf of a minor user. This comprehensive approach is intended to ensure the safety and privacy of minors participating in social media platforms in Utah.
