Current through 2024 Ky. Acts ch. 225
Section 436.002 - Liability for failure to perform age verification to access matter harmful to minors - Civil actions - Applicability(1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section.(2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover: (a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and(b) Actual damages, court costs, and reasonable attorney's fees.(3) This section shall only apply to a minor who:(a) Is a permanent resident of this state;(b) Has resided in this state for more than one (1) year; or(c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.Added by 2024 Ky. Acts ch. 106,§ 14, eff. 7/15/2024.