Mississippi House Bill HB1091

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Minors; hold entities that publish harmful material on the internet civilly liable if age vertification is not performed.

Impact

This legislation would significantly affect the responsibilities of internet content providers, specifically targeting those who host or distribute adult material. The bill outlines various terms, including 'material harmful to minors' and 'commercial entity', creating a legal framework that expects publishers to actively verify the age of their users. The requirement for reasonable age verification methods aims to reduce the exposure of minors to content that can negatively impact their development and emotional well-being. The expected result is a safer online environment for children, with reduced instances of minors accessing harmful content.

Summary

House Bill 1091 aims to impose civil liability on commercial entities that publish material deemed harmful to minors on the internet. The bill mandates that these entities must implement reasonable age verification methods to prevent minors from accessing such material. If a commercial entity fails to perform the necessary age verification, it may be held liable for damages incurred by minors who access the inappropriate content. This initiative is rooted in legislative findings that highlight the perceived public health risks associated with easy access to pornography and its potential harmful effects on minors.

Contention

The bill has stirred debate surrounding censorship and the balance between protecting minors and limiting adult access to information. Opponents argue that enforcing strict age verification may lead to unintended consequences, such as overreach in content moderation and potential infringements on free speech. Furthermore, concerns have been raised regarding the feasibility and privacy implications of the age verification methods mandated by the bill. Critics fear that such regulations could disproportionately affect smaller publishers and platforms, which may lack the resources to effectively implement the required systems.