Affirmative defense

(1) A person is not entitled to the rebuttable presumption described in Subsection 78B-11-1103(3), and a social media company is entitled to the rebuttable presumption described in Subsection 78B-11-1103(4), if the social media company demonstrates to the court that the social media company: (a) limits a Utah minor account holder's use of the algorithmically curated social media service to no more than three hours in a 24 hour period across all devices; (b) restricts a Utah minor account holder from accessing the algorithmically curated social media service between the hours of 10:30 p.m. and 6:30 a.m.; (c) requires the parent or legal guardian of the minor to consent to a Utah minor account holder's use of the algorithmically curated social media service; and (d) disables engagement driven design elements for a Utah minor account holder's account. (2) A social media company may utilize settings that are enabled at the device level to impose the requirements described in Subsection (1). (3) Notwithstanding Subsection (2), a social media company remains liable to ensure that the Utah minor account holder's account is subject to the restrictions of Subsection (1).