Nebraska 2023-2024 Regular Session

Nebraska Legislature Bill LB1096

Introduced
1/9/24  
Refer
1/10/24  

Caption

Provide that certain conduct relating to depictions of sexually explicit or obscene material or material harmful to minors is a deceptive trade practice under the Uniform Deceptive Trade Practices Act

Impact

If passed, LB1096 would have significant implications on the regulation of materials deemed sexually explicit or obscene, particularly in relation to minors. It establishes a clearer legal standard for organizations and individuals engaged in the production, marketing, or sale of such content. This could result in increased enforcement actions and potentially higher penalties for violations. The bill emphasizes safeguarding minors and protecting the community from exposure to harmful materials, aligning with broader societal concerns regarding youth welfare in the digital age.

Summary

LB1096 aims to amend the Uniform Deceptive Trade Practices Act by classifying certain actions related to the dissemination of sexually explicit or obscene material, particularly those harmful to minors, as a deceptive trade practice. The bill addresses concerns over how such materials can adversely affect minors and seeks to provide greater consumer protection against potentially harmful marketing or distribution practices. Proponents argue that this statute will enhance the legal framework for regulating these materials and hold individuals or businesses accountable for disseminating content that could harm youth.

Contention

Despite the intentions behind LB1096, there is likely to be contention surrounding its implementation. Critics may argue that the definition of what constitutes 'sexually explicit' or 'obscene' material could be overly broad, leading to censorship or disproportionately impacting creative expression. Additionally, there may be debates over how this legislation intersects with First Amendment rights, particularly concerning artistic and educational content. The balance between protecting minors and safeguarding constitutional rights is anticipated to be a central point of discussion among legislators and the public.

Companion Bills

No companion bills found.

Previously Filed As

NE LB385

Change provisions relating to the Uniform Deceptive Trade Practices Act

NE LB934

Change provisions of the Consumer Protection Act and the Uniform Deceptive Trade Practices Act

NE LB693

Prohibit as a deceptive trade practice certain conduct relating to assistance or referrals in veterans benefits matters

NE HB0198

Deceptive Trade Practices Amendments

NE H1005

Deceptive and Unfair Trade Acts or Practices

NE LB246

Prohibit cultivated-protein food products under the Nebraska Pure Food Act and provide a deceptive trade practice

NE LB1073

Adopt the Peer-to-Peer Vehicle Sharing Program Act and provide, change, and prohibit certain actions relating to insurance, real estate, and deceptive trade practices

NE LB367

Prohibit conversion therapy and provide for disciplinary sanctions and a deceptive trade practice

NE LB57

Allow claims involving death, child abuse, or sexual assault of a child under the Political Subdivisions Tort Claims Act and State Tort Claims Act and change provisions of the Consumer Protection Act and Uniform Deceptive Trade Practices Act relating to civil penalties

NE SB5094

Concerning sexually explicit depictions of minors.

Similar Bills

No similar bills found.