2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 16 - PROTECTIONS FOR YOUTH USING SOCIAL MEDIA (§ 6-1-1601) › Section 6-1-1601 - [Effective 8/7/2024] Social media platform - youth users - definition

(1)
On or after January 1, 2026, a social media platform must establish a function that either:
(a)
Meets the criteria in subsection (2) of this section and be informed by the standards established in subsection (5) of this section; or
(b)
Displays a pop-up or full screen notification to a user who attests to being under the age of eighteen when the user:
(I)
Has spent one cumulative hour on the social media platform during a twenty-four-hour period; or
(II)
Is on a social media platform between the hours of ten p.m. and six a.m.
(2)
The function established pursuant to subsection (1) of this section must provide users who are under the age of eighteen with information about their engagement in social media that helps the user understand the impact of social media on the developing brain, and the mental and physical health of youth users. The information must be supported by data from peer-reviewed scholarly articles or the sources included in the mental health and technology resource bank established in section 22-2-127.8 (1).
(3)
If the social media platform establishes the function described in subsection (1)(b) of this section, the function must repeat at least every thirty minutes after the initial notification.
(4)
(a)
For purposes of this section, "social media platform" means an internet-based service, website, or application that:
(I)
Has more than one hundred thousand active users in Colorado;
(II)
Permits a person to become a registered user, establish an account, or create a public or semi-public profile for the purpose of allowing users to create, share, and view user-generated content through the account or profile;
(III)
Enables one or more users to create or post content that can be viewed by other users of the medium; and
(IV)
Includes a substantial function to allow users to interact socially with each other within the service or application. A service or application that provides electronic mail or direct messaging services does not meet the criterion described in this subsection (4) on the basis of that function alone.
(b)
"social media platform" does not include an internet-based service or application in which the predominant or exclusive function is:
(I)
Providing electronic mail;
(II)
Facilitating commercial transactions, if the interaction with other users or account holders is generally limited to:
(A)
The ability to upload a post and comment on reviews or the ability to display lists or collections of goods for sale or wish lists; and
(B)
The primary function of the platform is focused on online shopping or e-commerce rather than interactions between users or account holders;
(III)
Facilitating teleconferencing and video conferencing features that are limited to certain participants in the teleconference or video conference and are not posted publicly or for broad distribution to other users;
(IV)
Facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries;
(V)
Providing cloud-based electronic services, including cloud-based services that allow collaborative editing by invited users;
(VI)
Consisting primarily of news, sports, entertainment, or other content that is preselected by the provider and not user generated, and any chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provision of the content; or
(VII)
Interactive gaming, virtual gaming, or an online service that allows the creation and uploading of content for the purpose of interactive or virtual gaming.
(VIII)
Providing information concerning businesses, products, or travel information, including user reviews or rankings of businesses or products;
(IX)
Facilitating communication within a business or an enterprise among employees or affiliates of the business or enterprise so long as access to the service or application is restricted to employees or affiliates of the business or enterprise;
(X)
Selling enterprise software to businesses, governments, or nonprofit organizations;
(XI)
Providing a streaming service that streams only licensed media in a continuous flow from the service, website, or application to the end user and does not require a user or account holder to obtain a license for the media by agreement with a social media platform's terms of service;
(XII)
Providing an online service, website, or application that is used by or under the direction of an educational entity, including a learning management system, a student engagement program, or a subject- or skill-specific program, for which the majority of the content is created or posted by the provider of the online service, website, or application and the ability to chat, comment, or interact with other users is directly related to the provider's content;
(XIII)
Providing or obtaining technical support for a platform, product, or service;
(XIV)
Providing career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services;
(XV)
Focused on facilitating academic or scholarly research; or
(XVI)
Reporting or disseminating news information for a mass medium, as defined in section 13-90-119.
(5)
The chief information officer in the office of information technology, in consultation with the director of the center for health and environmental data division of the Colorado department of public health and environment and the temporary stakeholder group established in section 22-2-127.8, shall establish standards for a user tool or function that meets the requirements of subsection (1) of this section for a social media platform. The standards must:
(a)
Recommend intervals for notification frequency that are similar to those in subsection (3) of this section;
(b)
Provide sample messaging for the content of the notification;
(c)
Be informed by data and research on the efficacy of notifications; and
(d)
Recommend the age range of users who would most benefit from notifications.
Added by 2024 Ch. 460,§ 4, eff. 8/7/2024.
2024 Ch. 460, was passed without a safety clause. See Colo. Const. art. V, § 1(3).