This bill proposes the creation of a new section in chapter 51-07 of the North Dakota Century Code, which establishes liability for commercial entities that publish or distribute sexual material deemed harmful to minors. The bill 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 these 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 for civil actions to be brought against commercial entities or third parties responsible for age verification if they violate the established guidelines. Parents or guardians of minors who gain access to harmful material, as well as individuals whose identifying information is improperly retained, can seek remedies including injunctions, compensatory damages, and attorney fees. The bill also clarifies that it does not apply to bona fide news or public interest broadcasts and protects internet service providers from liability for merely providing access to content not under their control.