HB 295 PROTECTION OF MINORS FROM HARMFUL MATERIAL

Rep John Block

Actions: [5] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 295 (HB 295) relates to deceptive trade practices. HB 295 enacts the Protection of Minors from Distribution of Harmful Material Act and provides definitions, authorizes liability and creates a private right of action. 

 SECTION 1 creates the Protection of Minors from Distribution of Harmful Material Act (Act). 

SECTION 2 provides definitions as used in the Act.

SECTION 3 provides reasonable age verification methods.
A. A commercial entity shall use a reasonable age verification method before allowing access to a website on which more than one-third of the content is material that is harmful to minors. 

B. Reasonable age verification methods include: (1) providing a government-issued identification; or (2) any commercially reasonable age verification method that holds an identity assurance level two as defined by the National Institute of Standards and Technology. 

C. If a commercial entity performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the website has been granted.

SECTION 4 specifies liability of commercial entities.
A commercial entity is liable for damages, court costs and reasonable attorney fees for:
(1) failing to perform reasonable age verification for persons attempting to access a website on which more than one-third of the content is material harmful to minors;
(2) damage resulting from a minor accessing material harmful to minors; or 
(3) retaining any identifying information on individuals after performing a reasonable age verification. 

B. The provisions of the Act do not:
apply to a news or public interest broadcast, website video, report or event;
(2) affect the rights of a news-gathering organization or employees when acting within the scope of their employment; or 
(3) apply to cloud service providers or internet service providers to the extent that the cloud service provider or internet service provider is not responsible for the creation of the content that constitutes material harmful to minors. 

SECTION 5 adds a private right of action.
 A person claiming to be aggrieved by a violation of the Act may maintain an action in district court for appropriate relief, including damages and reasonable attorney fees.