Section 4-88-1305 - Liability for publishers and distributors of material harmful to minors(a)(1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform reasonable age verification to verify the age of the individual attempting to access the material.(2) If a commercial entity or third-party vendor performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the material has been granted.(b) A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court.(c) A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court.(d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event;(2) Affect the rights of a news-gathering organization; or(3) Apply to cloud service providers.(e) An internet service provider, or any of its affiliates or subsidiaries or search engines shall not violate this subchapter solely by providing access or connection to or from a website or other information or content on the internet or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication that constitutes material that is harmful to minors.Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.