AN ACT to create and enact a new section to chapter 51-07 of the North Dakota Century Code, relating to a commercial entity's liability for publishing or distributing sexual material harmful to a minor; to provide a penalty; and to provide for application.
Senate Bill No. 2380 aims to establish liability for commercial entities that publish or distribute sexual material deemed harmful to minors. The bill mandates that these entities implement reasonable age verification methods to ensure that individuals accessing such material are at least eighteen years old. If a commercial entity fails to comply with this requirement and a minor is allowed access, the entity can be held liable for damages. The bill also outlines the definitions of key terms, including what constitutes 'sexual material harmful to a minor' and the types of entities that fall under the definition of 'commercial entity.' Furthermore, it specifies that civil actions can be initiated by parents or guardians of minors who accessed such material in violation of the law.
If enacted, SB2380 will amend the North Dakota Century Code by adding a new section to chapter 51-07, which addresses the liability of commercial entities regarding the distribution of harmful sexual material to minors. This law will create a legal framework for holding businesses accountable for failing to implement age verification measures, potentially leading to increased compliance costs and operational changes for affected entities. Additionally, it provides a mechanism for individuals to seek damages and injunctions against violators, thereby enhancing protections for minors against inappropriate content.
The sentiment surrounding SB2380 appears to be overwhelmingly positive, as indicated by the unanimous votes in both the Senate and House, with no recorded opposition. The discussions leading up to the vote suggest a strong legislative intent to protect minors from harmful material, reflecting a consensus on the importance of age verification in the digital age.
While there is broad support for the bill, some points of contention may arise regarding the definition of 'sexual material harmful to a minor' and the implications for free speech, particularly concerning news-gathering organizations. Although the bill includes provisions to exempt bona fide news organizations, concerns about the potential overreach of the law and its impact on content creators and distributors may be raised by civil liberties advocates.