Bill > HB44

This bill introduces the "Protection of Minors from Distribution of Harmful Material Act," which establishes new requirements for commercial entities hosting online content that may be harmful to minors. The bill defines "material harmful to minors" as content that appeals to prurient interests, contains explicit sexual descriptions or depictions, and lacks serious artistic or scientific value. Commercial entities with websites where more than one-third of the content is deemed harmful to minors must implement reasonable age verification methods before allowing access, such as requesting government-issued identification or using a standardized identity verification framework. These entities are prohibited from retaining users' identifying information after verification. The bill creates liability for commercial entities that fail to perform age verification or allow minors to access harmful content, with potential damages, court costs, and attorney fees. However, the law excludes news organizations, public interest content, cloud service providers, and internet service providers from these requirements. Additionally, the bill establishes a private right of action, meaning individuals who believe they have been harmed by violations can sue in district court for damages and legal fees. The primary goal is to protect minors from accessing sexually explicit or inappropriate online content by implementing age verification mechanisms.

Business and Industry

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=44&year=25