The proposed bill seeks to amend the Code of West Virginia by creating a new chapter that establishes liability for publishers and distributors of sexual material considered harmful to minors. It mandates that commercial entities must implement age verification processes to prevent minors from accessing such content, holding them liable for damages if they fail to do so. The bill clarifies that internet service providers are not responsible for hosting or transmitting harmful material unless they are the creators of that content. Additionally, it allows individuals or the Attorney General to initiate civil actions against violators, sets a five-year statute of limitations for these actions, and outlines penalties for non-compliance, including monetary damages and civil penalties.

Furthermore, the bill introduces a new section, 49A-1-107, which addresses the severability of its provisions, ensuring that if any part of the legislation is deemed invalid, the remaining provisions will still be enforceable. The Office of Technology is also granted rule-making authority to ensure secure age verification processes and proper handling of any data collected. Overall, the bill aims to enhance protections for minors against harmful sexual material online while holding commercial entities accountable for their content.

Statutes affected:
Introduced Version: 49A-1-101, 49A-1-102, 49A-1-103, 49A-1-104, 49A-1-105, 49A-1-106, 49A-1-107