This bill introduces a new section to chapter 51-07 of the North Dakota Century Code, establishing liability for commercial entities that publish or distribute sexual material harmful to minors. It defines key terms such as "commercial entity," "minor," and "sexual material harmful to a minor," and outlines the requirements for reasonable age verification methods that must be employed by these entities. If a commercial entity knowingly fails to perform these age verification methods and allows a minor access to harmful material, it can be held liable for damages. Additionally, the bill allows parents or guardians of minors, as well as individuals whose identifying information is improperly retained, to bring civil actions against the offending entities.
The legislation also clarifies that bona fide news or public interest broadcasts are exempt from these provisions, ensuring that the rights of news-gathering organizations are not affected. Furthermore, internet service providers and related entities are protected from liability for merely providing access to content, as long as they do not control the creation of that content. The bill emphasizes the importance of protecting minors from harmful material while balancing the rights of legitimate news organizations and service providers.