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 such material, it can be held liable for damages. Additionally, the bill allows parents or guardians of minors who accessed harmful material, as well as individuals whose identifying information is improperly retained, to bring civil actions against the offending entities.
The legislation 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 bill emphasizes the importance of age verification in protecting minors from harmful material while balancing the rights of news-gathering organizations and internet service providers. The act will apply to websites accessed on or after its effective date.