HB 438

Summary

As substituted on 3/5/2026: - Requires companion chatbot operators to comply with the Utah Consumer Privacy Act. - Prohibits a companion chatbot from advertising a product unless it is clearly identified as an advertisement. - Requires companion chatbots to disclose to minor users every three hours that they are not interacting with a human, remind them to take a break. - Requires companion chatbots to prevent suicidal ideation, suicide, or self-harm of minors and allow minors to opt out of targeted advertising. - Prohibits a companion chatbot from providing material harmful to minors, directing targeted advertising without parental consent, collecting unnecessary data, selling data, or conveying personal data without consent. - Requires operators to take reasonable and proportionate steps to prevent companion chatbots from encouraging minors to engage in illegal activity, substance use, sexual conduct, self-harm, eating disorder behaviors, or other risky activities that could cause serious harm. - Creates a safe harbor if age assurance is used and regulatory standards are used. - The 2/11/2026 substitution rewrites the entire bill to anchor the framework around existing privacy laws. - The 3/2/2026 substitution requires an operator to prevent responses that encourage suicidal ideation, self-harm, or harm to others, with referrals to crisis providers. Directs rulemaking on design features to prevent a chatbot from engaging in a romantic relationship. Changes effective date to August 1, 2026. - The 3/5/2026 amendment adds a provision requiring the Office of Artificial Intelligence Policy to study and report on companion chatbot safety standards. Deletes requirement regarding disclosure of advertisements. Limits collection of data and prohibits sale of data. Modifies prohibited activities for minors. Requires notice every three hours.

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