Louisiana House Bill HB77

Louisiana 2023 Regular Session

• Introduced: 3/8/23
• Refer: 3/8/23
• Refer: 4/10/23
• Report Pass: 4/12/23
• Engrossed: 4/18/23
• Refer: 4/19/23
• Report Pass: 5/16/23
• Enrolled: 6/5/23
• Chaptered: 6/8/23
• Passed: 6/8/23

Caption

Provides for attorney general investigation for publishers and distributors of material harmful to minors (EN SEE FISC NOTE GF EX See Note)

Impact

If enacted, HB 77 would significantly alter the legal landscape for internet publishers and distributors in Louisiana. By instituting strict liability for non-compliance with age verification requirements, it aims to promote a safer online environment for minors. The bill also appropriates funds collected from penalties to the Department of Justice to assist in investigations related to cyber crimes targeting minors. This action aligns with broader national conversations surrounding children's online safety and the responsibility of digital platforms to protect their users.

Summary

House Bill 77, known as the 'Pornography Age Verification Enforcement Act' or 'PAVE Act', establishes specific requirements for commercial entities that publish or distribute material deemed harmful to minors. It mandates the implementation of reasonable age verification procedures to restrict access to such content by individuals under the age of eighteen. The law empowers the state attorney general to investigate compliance and impose civil penalties on entities that fail to adhere to these regulations, thereby reinforcing protective measures for minors while navigating the complexities of internet freedom and safety.

Sentiment

The sentiment surrounding HB 77 reflects a mix of support and concern. Supporters argue that the bill will provide essential protections for children against potentially harmful online content, enhancing the integrity of digital spaces. However, critics caution against the potential overreach of such legislation, expressing worries about the implications for free speech and the practical challenges of enforcing age verification—especially for smaller entities that may struggle to comply with these regulations. This tension illustrates a broader societal debate on balancing the safety of minors with the principles of free expression.

Contention

Key points of contention surrounding HB 77 include the definition of 'material harmful to minors' and the scope of accountability imposed on commercial entities. Critics question whether the penalties are proportionate to the violations and raise concerns about the ambiguity in the enforcement mechanisms. Additionally, there are apprehensions about the potential chilling effect on legitimate content that does not necessarily meet the stringent criteria outlined in the bill. The discussion reflects diverse viewpoints on how best to protect minors while ensuring that legislative measures do not inadvertently suppress valid expressions of information.