Iowa House Bill HF489

Iowa 2023-2024 Regular Session

• Introduced: 2/28/23
• Refer: 2/28/23

Caption

A bill for an act relating to civil liability for commercial entities who publish or distribute material harmful to minors on the internet, and providing penalties.

Impact

The legislative changes proposed in HF489 would amend existing statutes regarding the responsibility of online content providers, placing a stronger emphasis on protecting minors from harmful materials. This bill allows parents or guardians of minors to pursue civil actions and claim significant damages for violations, set at $75,000 for each incident. The ramifications of this could lead to a more cautious approach by internet businesses in handling content that might be questionable, encouraging them to invest further in age verification mechanisms.

Summary

House File 489 introduces significant civil liability measures aimed at commercial entities that publish or distribute material deemed harmful to minors on the internet. The bill stipulates that any commercial entity which knowingly publishes or distributes such material must implement reasonable age verification methods to ensure that individuals accessing the content are at least 18 years old. Failure to comply with this requirement would result in civil liability, providing grounds for individuals to seek damages if minors gain access to the material.

Contention

One of the notable points of contention surrounding HF489 could revolve around the implications of civil liability imposed on publishers and distributors. Critics may argue that the Bill places an excessive burden on entities distributing online content, particularly in terms of privacy concerns regarding the retention of identifying information. Furthermore, the exemption for bona fide news or public interest content raises questions about the definition of 'harmful material' and could lead to disputes over what content qualifies under this umbrella, creating a need for clarity to prevent potential abuse of the provisions outlined in the bill.