This bill proposes the creation of a new section in the North Dakota Century Code that establishes liability for commercial entities that publish or distribute sexual material deemed harmful to minors. It defines key terms such as "commercial entity," "minor," "distribute," and "publish," and outlines the requirements for reasonable age verification methods to ensure that individuals accessing such material are at least eighteen years old. The bill specifies that a commercial entity can be held liable for damages if it knowingly allows minors access to harmful material without performing adequate age verification.
Additionally, the bill allows for civil actions to be brought against commercial entities or third parties responsible for age verification if they fail to comply with the established requirements. Parents or guardians of minors who gain unauthorized access to harmful material, as well as individuals whose identifying information is improperly retained, can seek remedies including injunctions, compensatory damages, and attorney fees. Importantly, the bill exempts bona fide news or public interest broadcasts from its provisions and clarifies that internet service providers cannot be held liable for merely providing access to content they do not control.