This bill introduces stringent regulations aimed at preventing minors from accessing harmful materials, particularly focusing on age verification requirements for commercial entities involved in the publication, distribution, creation, or development of prohibited materials, including child sexual exploitation material. It defines essential terms such as "child sexual abuse material," "commercial entity," and "reasonable age verification," and mandates that these entities implement measures to verify the age of users. The bill also establishes civil liabilities for non-compliance, allowing minors or their guardians to seek damages. Exemptions are provided for bona fide news or public interest broadcasts, and interactive computer service providers are protected from liability when acting in good faith to block access to prohibited materials.
Additionally, the bill addresses liability in tort related to claims involving criminal convictions, stating that contributory fault cannot prevent a claimant's recovery and that all fault will be assigned to parties other than the claimant. It also protects judges, court employees, and attorneys from liability for viewing or possessing obscene material or child pornography in good faith while performing their duties. The legislation further defines "child sexual exploitation material" and imposes civil penalties of up to $10,000 for violations, with funds allocated to the state’s general fund. Individuals whose likeness is represented in such material are granted the right to sue for damages, including a minimum of $5,000 in noneconomic damages for each violation.
Statutes affected: Introduced: 668.3