Mississippi Senate Bill SB2886

Mississippi 2023 Regular Session

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

Caption

Material harmful to minors; provide for liability for any entity that distributes on the internet without age verification.

Impact

The bill reflects growing legislative action aimed at protecting minors from harmful online content. By enforcing age verification, the Mississippi Legislature aims to reduce risks associated with early exposure to pornography, which the bill identifies as contributing to negative developmental outcomes for young individuals. As a result, the bill seeks not just to safeguard minors but also to hold commercial entities accountable for their content distribution practices. This establishes a clearer legal framework regarding the responsibilities of those who operate on the internet, particularly those who deal in potentially harmful materials.

Summary

Senate Bill 2886 is designed to impose liability on commercial entities that publish or distribute material considered harmful to minors on the internet. The legislation mandates that these entities must perform reasonable age verification methods to confirm that individuals accessing such material are at least eighteen years old. If a commercial entity fails to do so, it can be held liable for any damages resulting from a minor's access to the harmful material. The intention behind this bill is to mitigate the exposure of minors to potentially damaging content online due to advancements in technology and the ubiquitous nature of the internet.

Contention

Notably, SB2886 has exceptions that are vital to its implementation. It specifically states that bona fide news organizations and public interest broadcasts will not be affected, attempting to balance the need for regulation while preserving freedom of speech and press. Additionally, internet service providers are exempt from liability under this act, which raises questions about the extent of responsibility that should fall on these entities versus the content producers. Critics may argue that the bill could complicate compliance for legitimate businesses while failing to adequately protect minors if enforced ineffectively.