MS HB701

Commercial entities that knowingly publish or distribute obscene material or material depicting child sexual exploitation on the Internet are liable for nominal damages, actual damages, court costs, and reasonable attorney fees to affected individuals.

Internet service providers, wireless service providers, search engines, and cloud service providers are exempt from liability for providing access or connection to websites, except when they create the obscene content themselves.

Persons who buy, sell, distribute, or possess child sexual exploitation devices or images are liable to the state for civil penalties up to $10,000 per violation and to affected children for nominal, actual, and punitive damages plus attorney fees.

The Attorney General may seek injunctive and equitable relief against violators and is directed to develop guidance to help commercial entities comply with the act.

Individuals may assert violations in any judicial or administrative proceeding, combine claims in class actions, and pursue remedies without exhausting administrative remedies or being barred by sovereign immunity; the act takes effect July 1, 2025.