South Dakota Senate Bill SB192

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23

Caption

Provide liability for the publishing or distributing of material harmful to minors on the internet and the wrongful retention of individually identifiable information.

Impact

This bill will amend existing state laws under chapter 22-24 by introducing new sections that provide clarity on harmful material, the definition of commercial entities, and the protocols for age verification. In doing so, it aims to create a more secure online environment for minors while simultaneously outlining the responsibilities of businesses in managing content distribution. The adjustments to these laws signify a proactive stance by South Dakota to curtail the accessibility of harmful materials and strengthen child safety regulations online.

Summary

Senate Bill 192 introduces significant regulations concerning the publication and distribution of online material deemed harmful to minors in South Dakota. The bill establishes strict liabilities for commercial entities that publish or distribute such content if they fail to implement reasonable age verification methods. Specifically, if a minor accesses harmful material without age verification being conducted, the entity can be held liable for the resulting damages, including court costs and attorney fees. This action aims to enhance the protection of minors from inappropriate online content.

Contention

While proponents argue that SB192 is necessary to safeguard minors and assign accountability to entities disseminating harmful material, there are concerns regarding the implications of overly stringent liability measures. Critics may argue that it places an undue burden on businesses to monitor and verify the content shared on their platforms. Furthermore, the bill includes provisions that exempt bona fide news or public interest broadcasts, which could raise questions about what constitutes 'harmful material' and how it affects freedom of expression in the digital era. The nuances surrounding enforcement and compliance also present areas of contention that could lead to debates during legislative discussions.