This bill proposes the creation of a new section in chapter 51-07 of the North Dakota Century Code that establishes liability for covered platforms that publish or distribute sexual material deemed harmful to minors. The bill defines a "covered platform" as any website that regularly creates, hosts, or makes available such content. It outlines specific definitions for terms like "distribute," "publish," and "minor," and mandates that these platforms implement reasonable age verification methods to ensure that individuals accessing the material are at least eighteen years old. Failure to comply with these requirements could result in liability for damages and a fine of $10,000 for each day the violation occurs.
Additionally, the bill allows parents or guardians of minors who were granted access to harmful material, as well as individuals whose identifying information is improperly retained, to bring civil actions against the covered platforms. The attorney general is designated to enforce this section, and the bill includes provisions for potential injunctions, compensatory damages, and attorney fees for successful plaintiffs. Notably, the bill exempts bona fide news or public interest content from its provisions and clarifies that internet service providers and similar entities cannot be held liable for merely providing access to such content.