“Materials Harmful to Minors” Must Undergo Age Verification
A new bill has been introduced that would require companies offering online content with “materials harmful to minors” to implement “reasonable age verification methods.” According to the legislation, if such materials make up a “substantial portion” (approximately 33%) of a website’s offerings, the company must ensure that users verify their age before accessing the content.
Defining “Materials Harmful to Minors”
The bill provides a clear definition of “materials harmful to minors” as content that, when taken as a whole and with respect to minors, is designed to appeal to prurient interest or to pander to such interests. The determination of whether the material fits this description would be made based on contemporary community standards.
A Buffer for Social Media Websites
The lead sponsor of the bill, GOP Del. Geno Chiarelli, explained that the 33% provision acts as a buffer for social media platforms that host adult content, such as X (formerly known as Twitter). Chiarelli emphasized that the intent of the provision is not to regulate pornography explicitly. Rather, it aims to prevent social media companies from having to implement the same level of verification as adult-specific websites like Pornhub.
No Retention of User Information
Under the proposed legislation, companies would be prohibited from retaining any information about users once they have verified that they are 18 years of age or older. This provision aims to protect users’ privacy and ensure that their personal data is not unnecessarily stored by online platforms.
Civil Lawsuits Against Violators
The bill also grants individuals the right to file civil lawsuits against companies that fail to comply with the proposed law. This provision empowers individuals to take legal action against platforms that neglect their responsibility to verify the age of users accessing potentially harmful content.
The proposed legislation does not apply to content published by news organizations, ensuring that freedom of the press remains intact while offering protection for minors online.