MS SB2346

Requires commercial entities that publish or distribute material harmful to minors on websites containing a substantial portion (more than 33.3%) of such material to implement reasonable age verification systems to confirm users are at least 18 years old.

Defines "material harmful to minors" as content that appeals to prurient interest, depicts sexual acts or nudity in a patently offensive manner to minors, and lacks serious literary, artistic, political, or scientific value for minors.

Establishes liability for commercial entities failing to perform age verification, allowing individuals to recover damages including court costs and reasonable attorney fees if a minor accesses the material.

Prohibits commercial entities or third parties performing age verification from retaining identifying information about individuals after access is granted, with liability imposed for knowingly retaining such information.

Exempts bona fide news organizations and their broadcasts, websites, and reports from these requirements, and exempts internet service providers, search engines, and cloud service providers from liability for content they do not create.

Effective date: July 1, 2023.