2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 1 - General Requirements › Section 101 - Definitions.

Effective 5/3/2023
13-63-101.
Definitions.
As used in this chapter:
(1) "Account holder" means a person who has, or opens, an account or profile to use a social media company's platform.
(2) "Addiction" means use of a social media platform that:
(a) indicates the user's substantial preoccupation or obsession with, or the user's substantial difficulty to cease or reduce use of, the social media platform; and
(b) causes physical, mental, emotional, developmental, or material harms to the user.
(3) "Director" means the director of the Division of Consumer Protection created in Section 13-2-1.
(4) "Division" means the Division of Consumer Protection created in Section 13-2-1.
(5) "Educational entity" means a public school, an LEA, a charter school, the Utah Schools for the Deaf and Blind, a private school, a denominational school, a parochial school, a community college, a state college, a state university, or a nonprofit private postsecondary educational institution.
(6)
(a) "Interactive computer service" means an information service, information system, or information access software provider that:
(i) provides or enables computer access by multiple users to a computer server; and
(ii) provides access to the Internet.
(b) "Interactive computer service" includes:
(i) a web service;
(ii) a web system;
(iii) a website;
(iv) a web application; or
(v) a web portal.
(7) "Minor" means an individual who is under the age of 18 and:
(a) has not been emancipated as that term is defined in Section 80-7-102; or
(b) has not been married.
(8) "Post" means content that an account holder makes available on a social media platform for other account holders or users to view.
(9) "Social media company" means a person or entity that:
(a) provides a social media platform that has at least 5,000,000 account holders worldwide; and
(b) is an interactive computer service.
(10)
(a) "Social media platform" means an online forum that a social media company makes available for an account holder to:
(i) create a profile;
(ii) upload posts;
(iii) view the posts of other account holders; and
(iv) interact with other account holders or users.
(b) "Social media platform" does not include an online service, website, or application:
(i) where the predominant or exclusive function is:
(A) electronic mail;
(B) direct messaging consisting of text, photos, or videos that are sent between devices by electronic means, where messages are:
(I) shared between the sender and the recipient;
(II) only visible to the sender and the recipient; and
(III) are not posted publicly;
(C) a streaming service that:
(I) provides only licensed media in a continuous flow from the service, website, or application to the end user; and
(II) does not obtain a license to the media from a user or account holder by agreement to its terms of service;
(D) 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;
(E) online shopping or e-commerce, if the interaction with other users or account holders is generally limited to:
(I) the ability to upload a post and comment on reviews;
(II) the ability to display lists or collections of goods for sale or wish lists; and
(III) other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders;
(F) interactive gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interactive gaming, edutainment, or associated entertainment, and the communication related to that content;
(G) photo editing that has an associated photo hosting service, if the interaction with other users or account holders is generally limited to liking or commenting;
(H) a professional creative network for showcasing and discovering artistic content, if the content is required to be non-pornographic;
(I) single-purpose community groups for public safety if:
(I) the interaction with other users or account holders is generally limited to that single purpose; and
(II) the community group has guidelines or policies against illegal content;
(J) providing career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services;
(K) business to business software;
(L) a teleconferencing or videoconferencing service that allows reception and transmission of audio and video signals for real time communication;
(M) cloud storage;
(N) shared document collaboration;
(O) cloud computing services, which may include cloud storage and shared document collaboration;
(P) providing access to or interacting with data visualization platforms, libraries, or hubs;
(Q) to permit comments on a digital news website, if the news content is posted only by the provider of the digital news website;
(R) providing or obtaining technical support for a platform, product, or service;
(S) academic or scholarly research; or
(T) genealogical research; or
(ii) where:
(A) the majority of the content that is posted or created is posted or created by the provider of the online service, website, or application; and
(B) the ability to chat, comment, or interact with other users is directly related to the provider's content;
(iii) that is a classified ad service that only permits the sale of goods and prohibits the solicitation of personal services; or
(iv) that is used by and under the direction of an educational entity, including:
(A) a learning management system;
(B) a student engagement program; and
(C) a subject or skill-specific program.
(11) "User" means a person who has access to view all, or some of, the posts on a social media platform, but is not an account holder.
(12)
(a) "Utah account holder" means a person who is a Utah resident and an account holder.
(b) "Utah account holder" includes a Utah minor account holder.
(13) "Utah minor account holder" means a Utah account holder who is a minor.
(14) "Utah resident" means an individual who currently resides in Utah.
Enacted by Chapter 477, 2023 General Session
Enacted by Chapter 498, 2023 General Session