Law / United States / 
Colorado
HB 24-1136 (2024), Healthier Social Media Use by Youth
Colo. Rev. Stat. § 6-1-1601 (and § 22-2-127.8)
In force since partly blocked by a court, under challenge in court.
A social media and minors rule binding private bodies.
- Audit expectation
- none
- Court action
A suit challenging this law is pending. No court has blocked it. Premium data
What it requires
- Applies to a social media platform with more than 100,000 active Colorado users that allows user accounts and user generated content.
- Give users under 18 information on how social media affects the developing brain and youth mental and physical health.
- Display a notification to a minor every 30 minutes once the minor has spent one hour on the platform in a 24 hour period or is using it between 10 p.m. and 6 a.m.
These lines are LexLint's reading of the law's text. Also read by: NetChoice, LLC v. Weiser, No. 1:25-cv-02538-WJM-KAS (D. Colo. ) (recorded ).
Who enforces it
Enforcement body
Colorado Attorney General (Colorado Consumer Protection Act)
Litigation
- Court
- U.S. District Court for the District of Colorado; U.S. Court of Appeals for the Tenth Circuit
- Docket
- D. Colo. No. 1:25-cv-02538, NetChoice v. Weiser; appeal No. 25-1456 (10th Cir.)
- Posture
- Senior Judge William J. Martinez granted NetChoice a preliminary injunction on , finding the notification requirement likely compels speech in violation of the First Amendment and fails strict scrutiny. The injunction blocked the platform requirement before its start date. The injunction reaches only Section 4 of the Act, the platform requirement in section 6-1-1601; the school resource bank in section 22-2-127.8 is not enjoined. Colorado has appealed the injunction to the Tenth Circuit.
Settledness
- As of
- Case link
- https://www.govinfo.gov/content/pkg/USCOURTS-cod-1_25-cv-02538/pdf/USCOURTS-cod-1_25-cv-02538-0.pdf
- Case citation
- NetChoice, LLC v. Weiser, No. 1:25-cv-02538-WJM-KAS (D. Colo. )
- Under challenge
- Yes
- Open questions
- How are the 'active users in Colorado' counted toward the 100,000 threshold in Section 6-1-1601(4)(a)(I), per month, per day or over another period, and per account or per person?
- How is 'a substantial function to allow users to interact socially' under Section 6-1-1601(4)(a)(IV) measured for a service whose main function is sharing video with comments?
What it reaches
Age threshold
18
Covered services
Social media platforms with more than 100,000 active users in Colorado that allow user accounts and user generated content.
How the hook was established
express
What makes it apply
User location
What it makes you log
Logging duty
The platform must offer an engagement function or show a notification after one cumulative hour of use or between 10 p.m. and 6 a.m.; section 6-1-1601 names no log, record or audit trail and states no retention period. The Department of Education data collection in section 22-2-127.8(5) is a state duty and not a duty on a platform.
- Kind
- None
- As of
What this law does
Requires a social media platform with more than 100,000 active Colorado users to give users under 18 information on how social media affects the developing brain and youth mental and physical health, and to display a notification every 30 minutes once a minor has spent one hour on the platform in a 24 hour period or is using it between 10 p.m. and 6 a.m. Signed , with the platform requirement set for , but preliminarily enjoined before that date.
The order enjoins Section 4 of the Act, which is section 6-1-1601. The school resource bank in section 22-2-127.8 is a separate part of the Act that the order does not enjoin. Colorado has appealed the injunction to the Tenth Circuit.
How courts have read itPremium data
Our analysis of this law draws on 1 court ruling.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app operates a social platform.
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