How Utah's Legislature is trying to protect children, teens online

A student uses a cellphone after school at Evergreen Junior High School in Millcreek on Jan. 10. Lawmakers passed several bills aiming to protect children online.

A student uses a cellphone after school at Evergreen Junior High School in Millcreek on Jan. 10. Lawmakers passed several bills aiming to protect children online. (Kristin Murphy, Deseret News)


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SALT LAKE CITY — Work during the Utah Legislature's annual 45-day session is often dry and technical as lawmakers iron out the minutiae of thousands of lines in state code, but occasionally the process becomes more personal as the individual stakes are made clear.

Feb. 14 was one of those days, when the parents of a boy who died by suicide in 2022 tearfully addressed lawmakers about the impacts of social media in the Senate building on Capitol Hill. Brittney and Karl Obray described an apparent rabbit hole of harmful content their son, Dexton, encountered on TikTok prior to his death, and urged a pair of legislative committees to do more to hold the powerful tech platforms accountable.

"We had no answers, no signs, nothing," Brittney Obray said. "He would have been 16 this coming week, and I'll never get to see him drive or reach the big milestones every parent looks forward to."

"Our youth are addicted to their phones," Karl Obray said. "There's so much more work to do. ... Much more needs to be done to these companies to hold them responsible for the things they know they're doing."

With the 2024 general session now in the rearview, here is a look at what lawmakers did in attempts to protect children and teenagers online as it relates to social media, pornography and artificial intelligence.

Karl Obray shows his emotion as he and his wife, Brittney Obray, take their seats after talking about their son Dexton, who died by suicide due to social media influences, during a House Judiciary Committee hearing at the Capitol in Salt Lake City on Feb. 14.
Karl Obray shows his emotion as he and his wife, Brittney Obray, take their seats after talking about their son Dexton, who died by suicide due to social media influences, during a House Judiciary Committee hearing at the Capitol in Salt Lake City on Feb. 14. (Photo: Scott G Winterton, Deseret News)

Utah v. social media, Round 2

Utah Gov. Spencer Cox kicked off last year's legislative session with a warning to social media companies: "We are putting you on notice. You have some options. You can fight, and that's fine. We're ready for the fight. Or you can join us and be part of the solution."

The alleged harms caused by social media platforms — to children and teenagers in particular — have been a key focus for state leaders ever since. Utah Attorney General Sean Reyes has led lawsuits against Big Tech platforms and the Legislature last year approved a pair of first-in-the-nation laws regulating how social media companies can operate in the state.

A tech industry group has fired back with lawsuits targeting Utah's Social Media Regulation Act, which it claims violates free speech protections and presents privacy concerns for Utahns forced to prove their age in order to use social media.

In response, the lawmakers behind last year's bills revamped the regulations to target what they call "engagement driven designs," such as infinitely scrolling feeds and autoplay videos. The newly-approved bills have largely the same goal as those past a year ago, but lawmakers believe they are more likely to stand up to legal scrutiny.

Rep. Jordan Teuscher, R-South Jordan, told KSL.com in February the lawsuits against the state were a "bit of a gift" to lawmakers because they outlined the specific legal concerns social media companies have. Teuscher's bill, HB464, essentially makes it easier for parents of teenagers to sue social media platforms for damages, but it creates a safe harbor for platforms that obtain parental consent for a minor's use of the platform, remove features that cause "excessive use," limit the amount of time a minor can use the platform per day and limit app use overnight by minors.

A companion bill, SB194, requires companies to use age verification to prevent minors from creating accounts without parental consent and requires companies to treat minors differently on the platform by providing parental tools and limiting visibility on search engines.

Although many of the policies are similar to requirements from the original regulations, lawmakers have rewritten the laws in a way they say is less prescriptive when it comes to telling companies what they can or cannot do.

Cox was asked if the changes take the teeth out of the regulations passed last year, and he said he believes the bills will do a lot to keep children safe online.

"If you don't get any of it, then you're not protecting kids at all," he told KSL.com on the final day of the session. "But I will say that these are still the strongest social media bills in the country right now and with the changes that have been implemented, I feel really, really confident about what we're doing and I do believe that it will help us withstand some of the judicial scrutiny that will be coming as we move forward with these cases."

HB464 and SB194 cleared both chambers of the Legislature during the last week of the session, but have not yet been signed into law. Cox signed a bill early this year to delay the implementation date of last year's social media regulations to give lawmakers time to work out the changes.

Artificial intelligence and pornography filters

Social media has drawn the bulk of attention during the legislative session, but lawmakers also approved measures to give parents more tools to limit obscene content on their children's devices and expand the definition of "child sexual abuse material" to include images created using artificial intelligence.

Several years ago lawmakers passed a bill that would have required cellphone and tablet manufacturers to enable "obscenity filters" for devices used by children, but that law was only slated to go into effect if at least five other states joined in.

That hasn't happened, so Sen. Todd Weiler, R-Woods Cross, ran legislation to have Utah go it alone.

Most smartphones already come with content filters installed, but they are often not enabled and can be confusing for parents trying to limit their kids' exposure to pornography and other content online, Weiler said.

SB104 passed through the Senate and House nearly unanimously, and would allow the state attorney general to sue device manufacturers who are not compliant.

Rep. Ariel Defay, R-Kaysville, passed a bill concerning AI-generated images, which expands the definition of "intimate images" and "child sexual abuse material" to include computer-generated videos. Computer-generated images already fall under that definition, but including videos became an apparent need following the rapid improvement in AI-generated video technology.

"I believe we are behind in legislating in this area," Defay said in February. "It's moving so quickly. Things are happening to celebrities and in politics rapidly, in real time. And so we're going to have to be proactive, and I'm committed to keeping an eye on this space and making sure that we are keeping our children safe."

Cox has yet to sign any of the bills, and has until March 21 to do so.

Suicide prevention resources

If you or someone you know is struggling with thoughts of suicide, call 988 to connect with the 988 Suicide and Crisis Lifeline.

Crisis hotlines

  • Huntsman Mental Health Institute Crisis Line: 801-587-3000
  • SafeUT Crisis Line: 833-372-3388
  • 988 Suicide and Crisis LifeLine at 988
  • Trevor Project Hotline for LGBTQ teens: 1-866-488-7386

Online resources

Warning signs of suicide

  • Talking about wanting to die
  • Looking for a way to kill oneself
  • Talking about feeling hopeless or having no purpose
  • Talking about feeling trapped or in unbearable pain
  • Talking about being a burden to others
  • Increasing the use of alcohol or drugs
  • Acting anxious, agitated or recklessly
  • Sleeping too little or too much
  • Withdrawing or feeling isolated
  • Showing rage or talking about seeking revenge
  • Displaying extreme mood swings

The more of these signs a person shows, the greater the risk. Warning signs are associated with suicide but may not be what causes a suicide.

Information from the American Foundation for Suicide Prevention.

What to do if you see warning signs of suicide

  • Do not leave the person alone
  • Remove any firearms, alcohol, drugs or sharp objects that could be used in a suicide attempt
  • Call the U.S. National Suicide Prevention Lifeline at 800-273-TALK (8255)
  • Take the person to an emergency room or seek help from a medical or mental health professional
Information from the American Foundation for Suicide Prevention.

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Bridger Beal-Cvetko covers Utah politics, Salt Lake County communities and breaking news for KSL.com. He is a graduate of Utah Valley University.

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