HB 448 Summary

• Creates a civil cause of action allowing minors and their parents/guardians to sue commercial entities that knowingly publish material harmful to minors on the internet without performing reasonable age verification.

• Defines "harmful to minors" using a three-part test based on community standards, including material depicting sexual acts or nudity in a patently offensive manner, and lacking serious literary, artistic, political, or scientific value for minors.

• Provides remedies of injunctive relief, nominal and compensatory damages, statutory damages of at least $10,000, and court costs and attorney's fees upon prevailing.

• Exempts internet service providers, search engines, web browsers, and other infrastructure providers from liability unless they knowingly benefit from or are in a venture with entities violating the law.

• Establishes that enforcement is exclusively through private civil actions with a 4-year statute of limitations, prohibits state government enforcement, and declares the law effective July 1, 2024.