Relating to obscene material available on devices and imposing civil liability on platforms who publish or distribute obscene material on the internet and including effective date provisions

This bill creates civil liability for commercial entities who publish or distribute material harmful to minors on the internet. The bill provides that the purpose of the new Code chapter is to prevent harm to minors by restricting access to harmful material by minors on covered platforms by using age verification technology. Material harmful to minors is defined as any picture, image, graphic image file, film, videotape, or other visual depiction, that is obscene material, indecent, or child pornography. The bill provides for damages. The bill allows a parent or guardian of a minor that has been exposed to harmful material to recover damages of $5,000 per instance that the covered platform failed to perform reasonable age verification. The bill provides that any individual whose information has been knowingly retained by the covered platform after access to harmful material has been granted may bring a civil action against the covered platform. If a defendant has been found liable, the plaintiff may recover costs and attorney fees. The bill provides that in any action under the new Code chapter, the plaintiff shall have a right to jury trial. The bill limits the application of the new Code chapter. The new Code chapter shall not apply to any internet service provider, or internet service provider affiliates or subsidiaries, general purpose search engine, or cloud service provider and does not subject a covered platform to any cause of action or liability to the extent the platform is protected from causes of action or liability by federal law. The bill provides that compliance with the new Code chapter does not excuse any person from any other legal duties or legal remedies. The bill prohibits the waiver or estoppel of a person’s rights under the new Code chapter. The bill makes invalid any contractual agreement entered into in violation of the new Code chapter. The bill takes effect January 1, 2025.