Text to be removed highlighted in red.
1 New Chapter; Restriction on Access to Material Harmful to Minors. Amend RSA by inserting after chapter 507-I the following new chapter:
CHAPTER 507-J
RESTRICTION ON ACCESS TO MATERIAL HARMFUL TO MINORS
507-J:1 Definitions. In this chapter:
I. "Material harmful to minors" means any material that:
(a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
(b) Depicts or describes sexual conduct in a patently offensive way; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
II. "Commercial entity" means any person or business that:
(a) Owns, operates, or controls a website or application for commercial purposes; and
(b) Publishes or distributes a substantial portion of material that is harmful to minors.
III. "Substantial portion" means content in which more than one-third of a website's total content, measured by volume or number of images and videos, is harmful to minors.
IV. "Reasonable age verification method" means:
(a) A government-issued identification card check conducted by a third-party verification service; or
(b) Any other method that reasonably verifies that the user is at least 18 years of age, consistent with industry best practices and with no retention of identifying personal data.
507-J:2 Age Verification Requirement.
I. A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet shall:
(a) Require all users attempting to access such material to verify their age using a reasonable age verification method;
(b) Not retain any personal identifying information used during the verification process; and
(c) Post a clear warning message on the landing page that age verification is required.
507-J:3 Liability and Enforcement.
I. Any parent or legal guardian of a minor who accesses material harmful to minors due to a commercial entity's failure to verify age as required by this chapter shall have a cause of action against the entity for damages, including statutory damages of up to $10,000 per violation, court costs, and reasonable attorney's fees.
II. A commercial entity shall not claim Section 230 immunity under the federal Communications Decency Act as a defense in any civil action arising from a violation of this chapter.
507-J:4 State Enforcement. The attorney general may bring an action for injunctive relief and civil penalties of up to $25,000 per violation against any commercial entity in violation of this chapter.
507-J:5 Data Privacy.
I. No commercial entity or third-party age verification provider shall retain, store, or sell any personal information used to verify age under this chapter.
II. A knowing violation of this section shall be a separate civil violation subject to a penalty of $50,000 per incident.
507-J:6 Exemptions. This chapter shall not apply to:
I. News organizations.
II. Libraries.
III. Museums.
IV. Institutions of higher education when the material is distributed in good faith for legitimate educational or scientific purposes.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Chapter; Restriction on Access to Material Harmful to Minors. Amend RSA by inserting after chapter 507-I the following new chapter:
CHAPTER 507-J
RESTRICTION ON ACCESS TO MATERIAL HARMFUL TO MINORS
507-J:1 Definitions. In this chapter:
I. "Material harmful to minors" means any material that:
(a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
(b) Depicts or describes sexual conduct in a patently offensive way; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
II. "Commercial entity" means any person or business that:
(a) Owns, operates, or controls a website or application for commercial purposes; and
(b) Publishes or distributes a substantial portion of material that is harmful to minors.
III. "Substantial portion" means content in which more than one-third of a website's total content, measured by volume or number of images and videos, is harmful to minors.
IV. "Reasonable age verification method" means:
(a) A government-issued identification card check conducted by a third-party verification service; or
(b) Any other method that reasonably verifies that the user is at least 18 years of age, consistent with industry best practices and with no retention of identifying personal data.
507-J:2 Age Verification Requirement.
I. A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet shall:
(a) Require all users attempting to access such material to verify their age using a reasonable age verification method;
(b) Not retain any personal identifying information used during the verification process; and
(c) Post a clear warning message on the landing page that age verification is required.
507-J:3 Liability and Enforcement.
I. Any parent or legal guardian of a minor who accesses material harmful to minors due to a commercial entity's failure to verify age as required by this chapter shall have a cause of action against the entity for damages, including statutory damages of up to $10,000 per violation, court costs, and reasonable attorney's fees.
II. A commercial entity shall not claim Section 230 immunity under the federal Communications Decency Act as a defense in any civil action arising from a violation of this chapter.
507-J:4 State Enforcement. The attorney general may bring an action for injunctive relief and civil penalties of up to $25,000 per violation against any commercial entity in violation of this chapter.
507-J:5 Data Privacy.
I. No commercial entity or third-party age verification provider shall retain, store, or sell any personal information used to verify age under this chapter.
II. A knowing violation of this section shall be a separate civil violation subject to a penalty of $50,000 per incident.
507-J:6 Exemptions. This chapter shall not apply to:
I. News organizations.
II. Libraries.
III. Museums.
IV. Institutions of higher education when the material is distributed in good faith for legitimate educational or scientific purposes.
2 Effective Date. This act shall take effect January 1, 2027.