Publication of child sexual exploitation; authorize civil liability for.
The implications of HB 701 on state law include clarifying the definitions associated with child sexual exploitation and the responsibilities of commercial entities that interact with such materials online. Additionally, it empowers the Attorney General to pursue injunctive relief against violators and establish regulations that help ensure compliance with the mandates of the bill. The introduction of civil penalties specifically for violations creates an avenue for both personal and state-directed lawsuits, marking a substantial shift in liability standards for handling child exploitation cases.
House Bill 701 aims to provide a legal framework for enforcing civil remedies against commercial entities that distribute child exploitation materials online. The bill specifically targets those who knowingly publish or distribute obscene materials or materials depicting child sexual exploitation on the internet. Under this act, such entities can be held liable for nominal damages, actual damages, court costs, and reasonable attorney fees as decided by the court. This approach seeks to provide a means of recourse for victims or their representatives, enhancing protections for children against exploitation in the digital landscape.
Notably, the act exempts internet and wireless service providers from liability for merely facilitating access to potentially harmful content, unless they are found responsible for creating it. This aspect raises questions around the extent of liability for tech companies and the adequacy of protections offered under existing law. Critics may argue that the provisions could decrease the burden of responsibility on service providers compared to content creators, potentially complicating efforts to combat child exploitation comprehensively.