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 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 must be employed by these entities. If a commercial entity fails to perform adequate age verification and knowingly allows a minor access to such material, it can be held liable for damages. Additionally, the bill allows parents or guardians of minors, 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, ensuring that news-gathering organizations are not adversely affected. Furthermore, it clarifies that internet service providers and related entities cannot be held liable for merely providing access to content that may contain sexual material harmful to minors, as long as they do not control the content itself. The bill applies to websites accessed on or after its effective date, reinforcing the importance of protecting minors from inappropriate material online.