Businesses that knowingly and intentionally publish certain websites must use a third party to check visitors’ ages, with exceptions for news and public-interest material.
A business that knowingly and intentionally publishes or distributes a website with more than one-third covered sexual material must have a third party check visitors’ ages. News and public-interest material is excluded.
Age-check services must not keep identifying information about the people they check.
The attorney general may take a qualifying case to court. A judge may order relief, including penalties of $10,000 per day for an unlawful website or $10,000 each time identifying information is kept; an added penalty of up to $250,000 may apply if a minor accessed covered material.
A business must use a third party to check that visitors are at least 18. The rule covers a website, including a social media platform, if more than one-third of its material meets the law’s definition of sexual material harmful to minors. The definition considers whether the material appeals to minors, shows offensive sexual content, and lacks serious value for minors. The business must publish or distribute the material knowingly and intentionally. The rule does not apply to bona fide news or public-interest broadcasts, videos, reports, or events, and it does not affect news-gathering organizations’ rights.
A third party that checks a visitor’s age must not keep that person’s identifying information. This applies to any third party that performs an age check under this section.
The attorney general may bring a qualifying case against a business to court. Penalties include $10,000 per day a business operates a website in violation of the age-check rules and $10,000 for each instance of unlawfully keeping identifying information. A court may add up to $250,000 if one or more minors accessed covered material in violation of the rules. The attorney general may sue if it believes a business is knowingly violating the rules and the case serves the public interest. If a court finds a violation, it may order damages, court orders, civil penalties, court costs, attorney fees, or other relief.
No hearings or votes scheduled.