A first-of-its-kind law restricting social media use by children has been challenged by an industry group representing TikTok, Meta, X, and Snap.

The NetChoice trade group argues that the law introduced by Utah, and which other states plan to emulate, is unconstitutional …

Utah was the first state to pass a law which requires children to seek parental consent before using social media after 10.30pm. The law is set to come into effect in March of next year.

A number of US states are in the process of planning or considering similar legislation – for example, New York. This would require kids to get parental permission to use apps with algorithmic feeds, as well as requiring social media apps to implement three parental controls:

• Setting screen time limits
• Disabling notifications between midnight and 6 a.m.
• Blocking or limiting access during these same hours

Social media companies of course oppose such legislation, and have spoken out against it each time it has been proposed.

Associated Press reports that an industry group representing some of the biggest social networks has now filed a federal lawsuit in an attempt to block the Utah legislation from taking effect.

The NetChoice trade group argues in its federal lawsuit that although Utah’s regulations are well-intentioned, they are unconstitutional because they restrict access to public content, compromise data security and undermine parental rights.

“We are fighting to ensure that all Utahns can embrace digital tools without the forceful clutch of government control,” said Chris Marchese, Director of the NetChoice Litigation Center. The trade association includes many of the world’s leading social media companies, including TikTok, Snapchat parent company Snap Inc., Facebook and Instagram parent company Meta, and X, formerly known as Twitter.

Utah Governor Spencer Cox had previously predicted that lawsuits would be filed, and said then that the prospect did not concern him. AP reports that the state plans to fight the case.

The federal case will be an important one, as it could set a precedent which would impact future legal challenges to similar legislation by other states.

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