The proposed bill aims to establish a new section in the North Dakota Century Code that addresses the liability of commercial entities for publishing or distributing sexual material deemed harmful to minors. It defines key terms such as "commercial entity," "distribute," "minor," and "sexual material harmful to a minor," and outlines the requirements for reasonable age verification methods that entities must implement to prevent minors from accessing such material. If a commercial entity fails to perform these verification methods and knowingly allows access to harmful material, it can be held liable for damages. Additionally, the bill allows parents or guardians of minors who accessed the material, as well as individuals whose identifying information is improperly retained, to bring civil actions against the offending entities.
The bill also includes provisions that protect bona fide news or public interest broadcasts from liability under this section and clarifies that internet service providers and related entities cannot be held liable for merely providing access to content they do not control. The legislation emphasizes the importance of age verification and the protection of minors from harmful content while also ensuring that legitimate news organizations are not adversely affected by these regulations. The act will apply to websites accessed on or after its effective date.