A New Approach to Content Filtering

Utah enacted legislation (H.B. 72) establishing default content filtering on mobile devices sold within the state. This represents a significant shift in how content restrictions are implemented, moving the responsibility from individual users to device manufacturers.

Key Provisions of the Bill

The bill applies to tablets and smartphones activated in Utah beginning January 1, 2022. The key requirements include:

• Default-On Filtering: Filters must be enabled automatically at device activation, rather than requiring users to opt in.
• Content Restriction: Devices must prevent access to material classified as harmful to minors.
• User Override: Certain users can deactivate filters for specific content if they choose.
• Notification System: Users receive alerts when content is being filtered.
• Enforcement Mechanism: The Attorney General can pursue civil action against manufacturers that fail to comply.
• Penalties: $10 per violation incident.

Why This Is Significant

This legislation marks a notable policy development regarding device-level content moderation. By requiring filters to be on by default, the law shifts the burden from parents who may not know how to configure content filtering to the manufacturers who build the devices.

It will be interesting to see whether other states take similar action, and specifically how manufacturers are going to respond. The effective date of January 1, 2022 gave manufacturers approximately one year to implement compliance measures at the time of passage.

The Broader Trend

Utah's legislation is part of a broader trend of governments taking a more active role in addressing online content accessibility, particularly as it relates to children. Whether through device-level filtering, ISP-level controls, or age verification requirements, lawmakers are increasingly looking for technological solutions to protect minors online.