Cellphones and other smart devices meant for Utah kids would need to have a filter for obscene content installed and activated by default — or manufacturers could face prison time, according to a newly proposed bill.
The measure would accelerate part of a porn-blocking bill passed in 2021, which required all new cellphones and tablets sold in Utah, meant for both children and adults, to come with pornography filters activated as a default setting. But according to the 2021 bill’s text, that mandate would only go into effect after five other states enacted similar legislation, which hasn’t happened.
“In the years since then, we’ve kind of made ourselves an outlier when it comes to social media and porn websites,” the bill’s sponsor, Sen. Todd Weiler, R-Woods Cross, said during a Tuesday meeting of the Senate Judiciary, Law Enforcement, and Criminal Justice Committee. “So it kind of begs the question, why are we waiting for other states on this one?”
The latest proposal, SB104, would require smartphone and tablet manufacturers to activate filters as a default setting for devices specifically meant for children, Weiler said. The filter could be deactivated with a password, so parents could decide if the filter should be unlocked.
The bill is intended to protect children from developing an addiction to pornography, Weiler said. Many devices already come with these filters installed, he continued, but parents testified that they are difficult to find and are too complicated to activate — so the bill would require the filters to be activated from the start.
“The whole issue constitutionally has been that we can’t restrict the adults from receiving the material. This does not,” Elder Merv Arnold, a former General Authority for The Church of Jesus Christ of Latter-day Saints, said during the meting.
“This state has a fabulous record ... for being out in front and protecting our children and grandchildren from these kinds of issues,” Arnold continued. “And this is just one more step in that direction.”
In 2016, the Legislature recognized pornography as a public health crisis in a resolution sponsored by Weiler. At the time, Weiler said it was important to recognize the effect pornography can have for adolescents.
At Tuesday’s meeting, supporters of the latest proposal testified that childhood exposure to pornography can lead to the objectification of women and girls, sexually aggressive behavior and other consequences.
But Dave Davis, president and chief legal officer for the Utah Retail Merchants Association, said it’s crucial for Utah to wait for other states to adopt similar regulations — and in the meantime, stay the course with the bill passed back in 2021.
“The whole purpose behind the bill that we worked on together several years ago, was to make sure that there was a critical mass for manufacturers — so that Utah wouldn’t be on an island and we just don’t get devices,” Davis said. “Manufacturers [would be] required to do this, but as [customers] come in to our retail stores to pick up that phone, what obligation do we have?”
Two other people representing AT&T and Verizon brought up similar liability concerns during the meeting, asking Weiler if retail associates could face penalties outlined for manufacturers in the bill, like up to a year in prison and a $50,000 fine.
Weiler said he planned to take the retailers’ thoughts into account while continuing to work on the bill.
“Many children are exploited throughout online platforms,” Weiler said. “And we believe that these content filters, protected by a guardian’s password, can help prevent that and place responsibility where it belongs.”
