People depicted in online child sexual abuse or obscene material, or exposed to online obscenity, would be able to sue certain people and services that provide or spread it.
People depicted in online child sexual abuse or obscene material, or exposed to online obscenity, could sue people who knowingly spread it or content providers of that material. Winners could receive payment and legal costs.
News outlets and services that only connect users to content outside their control would generally be excluded. Services covered because they know they host prohibited material would need to act promptly to avoid coverage.
Indiana's attorney general could ask a court to order someone to stop allowing access to, spreading, or providing prohibited material online.
Certain government immunity and fault rules would not apply to these suits. People suing and the attorney general could file without first completing an agency review, if one applies.
Affected people could sue those who knowingly allow access to or spread prohibited material online, as well as content providers of that material. The person suing must be depicted in child sexual abuse or obscene material, or exposed to obscene material online. A parent or guardian may sue for a child under 18. A winning plaintiff could receive payment for harm, up to $5,000 in set damages, extra payment meant to punish, a court order, and reasonable legal expenses. The introduced bill lists July 1, 2026 as the proposed start date.
News outlets and services that only provide connections would generally fall outside these rules. The general exclusions cover news services publishing news online and services that only connect users to content outside their control. A provider of prohibited material, or a service that actually knows it hosts such material, may be covered. A service covered because it knows it hosts prohibited material can avoid coverage by taking immediate steps in good faith to remove or block it as soon as possible after learning of it.
The attorney general could ask a court to order someone to stop conduct covered by the proposed civil suit. The request would concern someone who allows access to, spreads, or provides prohibited material through an online service.
Certain government immunity and fault rules would not apply to these civil suits. The immunity and fault exceptions apply to civil suits brought by affected people under the proposed chapter. The agency review exception also applies to the attorney general's actions. People suing and the attorney general could file without first completing an agency review, if one would otherwise apply.
No hearings or votes scheduled.