Communications: internet; age verification to visit adult-only pornographic websites; require. Creates new act.
Impact
The bill imposes strict requirements on commercial entities that distribute potentially harmful material, requiring evidence that individuals accessing such content are 18 years of age or older. This includes the use of reasonable age verification methods, such as government-issued identification or commercially reasonable methods utilizing transactional data. If these entities fail to comply with the regulations set forth by the act, they may face civil liabilities for damages resulting from minors accessing the content, emphasizing the protection of minors from inappropriate material.
Summary
House Bill 5009, also known as the 'Material Harmful to Minors Regulation Act', aims to regulate access to adult-only pornographic materials on the internet by mandating age verification for individuals seeking to access such content. The bill defines 'material harmful to minors' and establishes clear guidelines for what constitutes harmful content, aligning with contemporary community standards. It specifically designates any material deemed to pander to or exploit minors as harmful and thus subject to regulation.
Contention
Notably, the bill exempts bona fide news-gathering organizations from its purview, signaling an attempt to balance regulation with the need for free expression concerning journalism. However, this legislative proposal has raised concerns among civil liberties advocates who argue that stringent age verification processes could impede access to information and encroach upon privacy rights. Critics also point out that the requirement for retaining no identifying information could pose challenges regarding compliance and liability implications, particularly for smaller entities navigating complex regulatory landscapes.