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ND HB1561

ND HB1561
A commercial entity's liability for publishing or distributing sexual material harmful to a minor; to provide a penalty; and to provide for application.


summary

Introduced
01/20/2025
In Committee
03/26/2025
Crossed Over
02/10/2025
Passed
04/03/2025
Dead
Signed/Enacted/Adopted
04/11/2025

Introduced Session

69th Legislative Assembly

Bill Summary

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.

AI Summary

This bill establishes new legal requirements for commercial entities publishing or distributing sexual material harmful to minors on the internet. The bill defines key terms such as "commercial entity," "distribute," "minor," and "sexual material harmful to a minor," and mandates that websites containing more than one-third sexually explicit content must implement reasonable age verification methods to prevent minors from accessing such material. Commercial entities must use digital identification cards or commercial age verification systems that rely on government-issued ID or transactional data to confirm a user is at least 18 years old. If a commercial entity fails to implement these verification methods, they can be held liable for damages. Parents or guardians of minors who access inappropriate content, or individuals whose identifying information is improperly retained, can bring civil actions seeking injunctions, compensatory and exemplary damages, and attorney fees. The bill explicitly exempts news organizations and clarifies that internet service providers, search engines, and cloud service providers are not liable for content transmission. The law will apply to websites accessed on or after its effective date, aiming to protect minors from accessing sexually explicit online content.

Committee Categories

Business and Industry, Justice

Sponsors (11)

Last Action

Filed with Secretary Of State 04/11 (on 04/14/2025)

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