Requirements and Penalties for Content and Internet Providers

Utah Code tit. 76, ch. 76-5c, pt. 76-5c-P4

in effect

Utah Code § 76-5c-401 Definitions.

76-5c-401. Definitions. As used in this part: (1) "Consumer" means an individual residing in this state who subscribes to a service provided by a service provider for personal or residential use. (2) "Content provider" means a person domiciled in Utah or that generates or hosts content in Utah, and that creates, collects, acquires, or organizes electronic data for electronic delivery to a consumer with the intent of making a profit. (3) "Division" means the Division of Consumer Protection established in Section 13-2-102. (4) (a) "Hosting company" means a person that provides services or facilities for storing or distributing content over the Internet without editorial or creative alteration of the content. (b) A hosting company may have policies concerning acceptable use without becoming a content provider under Subsection (2). (5) "Internet service provider" means a person engaged in the business of providing broadband internet access service, with the intent of making a profit, to consumers in Utah. (6) "Properly rated" means content using a labeling system to label material harmful to minors provided by the content provider in a way that: (a) accurately apprises a consumer of the presence of material harmful to minors; and (b) allows the consumer the ability to control access to material harmful to minors based on the material's rating by use of reasonably priced commercially available software, including software in the public domain. (7) "Restrict" means to limit access to material harmful to minors by: (a) properly rating content; or (b) any other reasonable measures feasible under available technology. (8) (a) "Service provider" means an internet service provider. (b) "Service provider" does not include a person who does not terminate a service in this state, but merely transmits data through: (i) a wire; (ii) a cable; or (iii) an antenna. (c) "Service provider," notwithstanding Subsection (8)(b), includes a person who leases or rents a wire or cable for the transmission of data. Amended by Chapter 95, 2026 General Session

Utah Code § 76-5c-402 Data service providers -- Internet content harmful to minors.

76-5c-402. Data service providers -- Internet content harmful to minors. (1) (a) Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer. (b) A service provider complies with Subsection (1)(a) if the service provider makes a good faith effort to apply a generally accepted and commercially reasonable method of filtering. (c) At the time of a consumer's subscription to a service provider's service, the service provider shall notify the consumer in a conspicuous manner that the consumer may request to have material harmful to minors blocked under Subsection (1)(a). (2) A service provider shall, no later than July 1 of each even-numbered year, provide information to the division that describes how the service provider complies with Subsection (1)(a). (3) The division shall: (a) publish on the division's website a compilation of the information the division receives under Subsection (2); and (b) update the compilation described in Subsection (3)(a) by July 1 of each odd-numbered year. (4) (a) A service provider may comply with Subsection (1)(a) by providing in-network filtering to prevent the receipt of material harmful to minors, provided that the filtering does not affect or interfere with access to internet content for consumers who do not request filtering under Subsection (1)(a). (b) A service provider may comply with Subsection (1)(a) by engaging a third party to provide or referring a consumer to a third party that provides a commercially reasonable method of filtering to block the receipt of material harmful to minors. (c) A service provider may charge a consumer a commercially reasonable fee for providing filtering under this Subsection (4). (5) If the attorney general determines that a service provider violates Subsection (1), the attorney general shall: (a) notify the service provider that the service provider is in violation of Subsection (1); and (b) notify the service provider that the service provider has 90 days to comply with the provision being violated or be subject to the civil penalties described in Subsection (6). (6) (a) A service provider that intentionally or knowingly violates Subsection (1)(a) is subject to a civil fine of $2,500 for each separate violation of Subsection (1)(a), up to $15,000 per day. (b) A service provider that intentionally or knowingly violates Subsection (1)(c) is subject to a civil fine up to $10,000. (7) Only the attorney general may bring an action to impose a civil fine under Subsection (6). Amended by Chapter 95, 2026 General Session

Utah Code § 76-5c-403 Content providers -- Material harmful to minors.

76-5c-403. Content providers -- Material harmful to minors. (1) A content provider that is domiciled in Utah, or generates or hosts content in Utah, shall restrict access to material harmful to minors. (2) If the attorney general determines that a content provider violates Subsection (1), the attorney general shall: (a) notify the content provider that the content provider is in violation of Subsection (1); and (b) notify the content provider that the content provider has 30 days to comply with Subsection (1) or be subject to the civil penalties described in Subsection (3). (3) (a) If a content provider intentionally or knowingly violates this section more than 30 days after receiving the notice provided under Subsection (2), the content provider is subject to a civil fine of $2,500 for each separate violation of Subsection (1), up to $10,000 per day. (b) A proceeding to impose the civil fine under this section may be brought only by the attorney general. (4) The Division of Consumer Protection shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish acceptable rating methods to be implemented by a content provider under Subsection (1). Renumbered and Amended by Chapter 173, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter5C/76-5c-P4.html?v=C76-5c-P4_2025050720250507Fetched: 10/26/2026