Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Impact
The legislation establishes a private civil cause of action against individuals who send unsolicited obscene images, allowing recipients to sue for damages. This provision enhances legal protection for individuals who receive unwanted explicit images, enabling them to seek economic and non-economic damages, including emotional distress. The bill also allows for the possibility of statutory damages amounting to a range between $1,500 and $30,000, which could significantly impact those engaged in practices that lead to unsolicited image transmission.
Summary
Assembly Bill 731 seeks to prohibit the sending of unsolicited obscene or sexually explicit images via electronic means. Specifically, the bill creates a new statute that defines and outlines penalties for individuals who knowingly send such images. The penalties include a forfeiture of up to $250 for first-time offenders and up to $500 for subsequent violations. Moreover, if the sender is a minor, they will receive a written warning for their first violation and only a $250 penalty for subsequent violations, aimed at protecting youth from unintentional legal consequences.
Contention
Notably, the bill exempts certain entities, such as internet service providers and healthcare providers, thus noting a distinction between individuals sending images and entities that may transmit content as part of their services. This exemption has sparked debate about the responsibilities of digital platforms in monitoring the content shared through their services. Opponents of the bill argue that it may inadvertently impose restraints on legitimate online communication while supporters contend it is essential for the protection of individuals from harassment and abuse through unsolicited explicit content.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Crimes: obscenity; electronic transmission of unsolicited and nonconsensual sexually explicit material; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 335b.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.