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Legislation Detail
HB 44 PROTECT OF MINORS FROM HARMFUL MATERIAL
Sponsored By: Rep John Block

Actions:

Scheduled: Not Scheduled

Summary:
 This act establishes measures to safeguard minors from exposure to harmful material distributed online by imposing specific obligations on commercial entities and providing legal remedies for violations.  
Legislation Overview:
 House Bill 44 (HB44):  A.	Definitions:  A "commercial entity" includes legally recognized businesses.  "Material harmful to minors" refers to content that appeals to prurient interests, depicts explicit sexual content in an offensive manner, and lacks serious value for minors.  A "minor" is defined as anyone under 18 years of age.  "Reasonable age verification" entails verifying a user's age through government-issued IDs or recognized identity verification frameworks.
B.	Age Verification Requirements:  Commercial entities must implement reasonable age verification methods for websites where over one-third of the content is harmful to minors.  Verification methods include using government-issued IDs or other commercially reasonable systems.  Commercial entities must not retain identifying information after granting access.
C.	Liability of Commercial Entities:  Entities failing to conduct proper age verification, allowing minors access to harmful material, or retaining identifying information after verification are liable for damages, court costs, and attorney fees.  Exemptions include newsgathering organizations and cloud or internet service providers not responsible for creating harmful content.
D.	Private Right of Action:  Individuals harmed by violations of the act may file lawsuits in district court for damages and attorney fees.
 
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