Bill Text: MS SB2256 | 2024 | Regular Session | Introduced
Bill Title: Child pornography and obscenity; provide liability for publishers and distributors of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2256 Detail]
Download: Mississippi-2024-SB2256-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2256
AN ACT TO PROVIDE THAT ANY COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES OBSCENE MATTER, OR MATTER THAT DEPICTS, DESCRIBES OR PROMOTES CHILD PORNOGRAPHY OR CHILD SEXUAL EXPLOITATION ON THE INTERNET MAY BE HELD LIABLE TO AN INDIVIDUAL FOR NOMINAL DAMAGES, ACTUAL DAMAGES, PUNITIVE DAMAGES, COURT COSTS AND REASONABLE ATTORNEY FEES; TO PROVIDE THAT NO INTERNET SERVICE PROVIDER, AFFILIATE OR SUBSIDIARY OF AN INTERNET SERVICE PROVIDER, SEARCH ENGINE, OR CLOUD SERVICE PROVIDER SHALL BE HELD TO HAVE VIOLATED THE PROVISIONS OF THIS ACT SOLELY FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A WEBSITE OR OTHER INFORMATION OR CONTENT ON THE INTERNET, OR A FACILITY, SYSTEM, OR NETWORK NOT UNDER THAT PROVIDER'S CONTROL TO THE EXTENT THAT SUCH PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OF THE CONTENT THAT IS OBSCENE MATTER, OR MATTER THAT DEPICTS, DESCRIBES OR PROMOTES CHILD PORNOGRAPHY OR CHILD SEXUAL EXPLOITATION; TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK INJUNCTIVE RELIEF AGAINST A COMMERCIAL ENTITY THAT FAILS TO COMPLY WITH THE PROVISIONS OF THIS ACT; TO AUTHORIZE THE ATTORNEY GENERAL TO PROMULGATE RULES AND REGULATIONS TO ASSIST COMMERCIAL ENTITIES TO COMPLY WITH THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Definitions. (1) As used in this act, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:
(a) "Child pornography or child sexual exploitation" means the same as the acts described in Section 97-5-33.
(b) "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships or other legally recognized entities.
(c) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate or disseminate by any means.
(d) "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
(e) "Obscene matter" means the same as used in Section 97-29-103.
(f) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website.
SECTION 2. Liability for publishers and distributors of obscenity and child sexual exploitation. (1) Any commercial entity that knowingly and intentionally publishes or distributes obscene matter, or matter that depicts, describes or promotes child pornography or child sexual exploitation on the internet may be held liable to an individual for nominal damages, actual damages, punitive damages pursuant to Section 11-1-65, court costs and reasonable attorney fees.
(2) Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action.
(3) No internet service provider, affiliate or subsidiary of an internet service provider, search engine or cloud service provider shall be held to have violated the provisions of this act solely for providing access or connection to or from a website or other information or content on the internet, or a facility, system or network not under that provider's control, including transmission, downloading, storing or providing access, to the extent that such provider is not responsible for the creation of the content that is obscene matter, or matter that depicts, describes or promotes child pornography or child sexual exploitation.
SECTION 3. Attorney General authority. The Attorney General may seek injunctive and other equitable relief against a commercial entity that fails to comply with the provisions of this act. The Attorney General is authorized and directed to promulgate, consistent with the provisions of this act, guidance, rules or regulations as appropriate to assist commercial entities to comply with this act.
SECTION 4. The provisions of this act shall be severable in accordance with Section 1-3-77.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.
