Bill > HB0221

This bill adds a new section to Tennessee law that allows individuals to pursue civil liability against commercial entities that knowingly engage in activities involving obscene material. Specifically, the bill permits individuals to sue such entities for nominal damages, actual damages, punitive damages, court costs, and reasonable attorney fees, even if no criminal conviction has occurred. The law defines a "commercial entity" using existing statutory definitions and allows these civil actions to potentially be certified as class action lawsuits. The bill provides important protections for internet service providers, search engines, and cloud service providers, ensuring they are not held liable for content they merely transmit or provide access to that they did not create. Additionally, the bill empowers the attorney general to seek injunctive relief against commercial entities violating obscenity laws and to issue guidance to help such entities comply with the law. The legislation takes effect immediately upon becoming law and includes a severability clause, meaning that if any part of the act is found invalid, the remaining provisions can still be enforced. The bill aims to create a new civil remedy for individuals affected by commercial distribution of obscene material while providing clear guidelines and protections for service providers.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0221&ga=114