House
File
2051
-
Introduced
HOUSE
FILE
2051
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
obscene
material
available
on
devices
1
and
imposing
civil
liability
on
entities
who
publish
or
2
distribute
obscene
material
on
the
internet.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5235HH
(2)
90
cm/jh
H.F.
2051
Section
1.
NEW
SECTION
.
554H.1
Publication
and
distribution
1
of
obscene
material
to
minors
on
the
internet.
2
1.
For
purposes
of
this
chapter:
3
a.
“Interactive
computer
service”
means
the
same
as
that
4
term
is
defined
in
47
U.S.C.
§230.
5
b.
“Obscene
material”
means
the
same
as
defined
in
section
6
728.1,
subsection
5.
7
2.
“Social
media
platform”
means
an
internet
search
engine,
8
internet
website,
internet
system,
access
software
provider,
9
or
application
that
is
open
to
the
public,
allows
a
user
10
of
the
platform
to
create
an
account,
and
enables
users
to
11
communicate
with
one
another
for
the
primary
purpose
of
posting
12
information,
comments,
messages,
or
images.
“Social
media
13
platform”
does
not
include
any
of
the
following:
14
a.
An
internet
service
provider.
15
b.
Electronic
mail.
16
c.
An
online
service,
application,
or
website
that
consists
17
primarily
of
news,
sports,
entertainment,
or
other
information
18
or
content
that
is
not
user
generated
but
is
preselected
by
19
the
provider
and
for
which
any
chat,
comments,
or
interactive
20
functionality
is
incidental
to,
directly
related
to,
or
21
dependent
on
the
content.
22
3.
Any
commercial
entity
or
social
media
platform
that
23
knowingly
or
intentionally
publishes
or
distributes
obscene
24
material
to
minors
on
the
internet
from
a
website
that
contains
25
such
material
shall
verify
that
any
person
attempting
to
access
26
obscene
material
is
not
a
minor
through
the
use
of
any
of
the
27
following:
28
a.
A
commercially
available
database
that
is
regularly
used
29
by
businesses
or
governmental
entities
for
the
purpose
of
age
30
and
identity
verification
31
b.
Another
commercially
reasonable
method
of
age
and
32
identity
verification.
33
4.
Any
commercial
entity
or
social
media
platform
that
34
violates
the
provisions
of
this
section
shall
be
subject
to
35
-1-
LSB
5235HH
(2)
90
cm/jh
1/
2
H.F.
2051
civil
liability
for
damages
resulting
from
a
minor’s
access
to
1
obscene
material
and
reasonable
attorney
fees
and
costs.
2
5.
This
section
shall
not
be
construed
to
impose
civil
3
liability
on
a
provider
or
user
of
an
interactive
computer
4
service
on
the
internet.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
creates
civil
liability
for
commercial
entities
9
and
social
media
platforms
who
publish
or
distribute
material
10
harmful
to
minors
on
the
internet.
The
bill
provides
any
11
commercial
entity
or
social
media
platform
that
knowingly
12
or
intentionally
publishes
or
distributes
obscene
material
13
to
minors
on
the
internet
from
a
website
that
contains
such
14
material
shall
be
held
civilly
liable
if
the
entity
fails
to
15
perform
reasonable
age
verification
methods
to
verify
the
16
age
of
individuals
attempting
to
access
the
material.
Any
17
commercial
entity
or
social
media
platform
that
is
found
in
18
violation
shall
be
civilly
liable
to
an
individual
for
damages
19
resulting
from
a
minor’s
accessing
the
material,
including
20
court
costs
and
reasonable
attorney
fees
as
ordered
by
the
21
court.
The
bill
does
not
impose
civil
liability
on
a
provider
22
or
user
of
an
interactive
computer
service
on
the
internet.
23
-2-
LSB
5235HH
(2)
90
cm/jh
2/
2