House Bill 221 amends Tennessee Code Annotated to establish civil liability for commercial entities that knowingly engage in acts violating specific provisions of Title 39. The bill defines "commercial entity" and "internet" as per existing law and allows individuals to seek civil damages, including nominal, actual, and punitive damages, as well as court costs and attorney fees. Importantly, individuals can bring actions against commercial entities regardless of whether the entity has been convicted of a related criminal offense. The bill also permits class action lawsuits under certain conditions.
Additionally, the bill provides protections for internet and wireless service providers, stating they are not liable for providing access to content they did not create, including obscene material. The Attorney General is granted the authority to seek injunctive relief against commercial entities that violate the law and can issue guidance to help these entities comply. The act includes a severability clause, ensuring that if any part is found invalid, the remaining provisions will still be enforceable. The bill is set to take effect upon becoming law.