(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:
(a) to establish processes and means by which a social media company may:
- (i) assure whether an account holder is a minor in accordance with Section 13-71-201; and
- (ii) obtain verifiable parental consent in accordance with Section 13-71-203; and
- (b) to establish criteria a social media company may use to determine whether the social media company's age assurance system is 95% accurate.
- (2) A social media company is not subject to an enforcement action for a violation of Section 13-71-201 if the social media company implements and maintains an age assurance system that complies with rules made by the division as described in Subsection (1)(a)(i).
- (3) A social media company is considered to have obtained verifiable parental consent if the social media company obtains parental consent through a mechanism that complies with the rules made by the division as described in Subsection (1)(a)(ii).
Enacted by Chapter 206, 2024 General Session