Obscenity and Pornography

Plain English Breakdown

The exact guidance that the attorney general will provide to help commercial entities comply with these laws is not specified in the official summary and may vary.

Civil Liability for Obscenity and Child Sexual Exploitation

This bill allows individuals to sue commercial entities that violate Tennessee's laws on obscenity or child sexual exploitation, even if no criminal charges were filed against the entity.

What This Bill Does

• Allows individuals to sue commercial entities for damages if these entities knowingly engage in acts violating state laws on obscenity or child sexual exploitation.
• Permits lawsuits to be class actions when many people have similar claims against a single commercial entity.
• Exempts internet and wireless service providers from liability for providing access to websites or content that others created, as long as they did not create the obscene material themselves.
• Gives Tennessee's attorney general the power to sue commercial entities that break these laws and to provide guidance on how to follow them.

Who It Names or Affects

• Commercial entities that violate Tennessee's obscenity or child sexual exploitation laws
• Individuals who are harmed by these violations and want to sue for damages
• Internet service providers and other tech companies

Terms To Know

Civil liability

The responsibility of a person or company to pay money or provide compensation when they harm someone else.

Class action lawsuit

A type of lawsuit where one or more people sue on behalf of a larger group with similar claims against the same defendant.

Limits and Unknowns

• The bill does not specify how much money companies might have to pay in damages.
• It is unclear what specific guidance the attorney general will provide to help companies comply with these laws.
• This bill has not yet been signed into law and its future status is uncertain.

Official Summary Text

This bill authorizes

a
commercial entity that knowingly engages in an act that violates
the laws of this state on obscenity or sexual exploitati
on of children to
be found civilly liable to an individual for nominal damages
,
actual damages
,
punitive damages

if applicable
,
court costs
,
and reasonable attorney fees as ordered by the court.
Such an action
may be certified as a class action pursuant t
o Rule 23 of the Tennessee Rules of Civil Procedure, if appropriate.

This bill authorizes an
individual
to
bring
such
a civil action against a commercial entity without regard to whether the commercial entity's act resulted in a conviction for a criminal
offense under
the laws of this state on obscenity or sexual exploitation of children
.
However, a
n internet or wireless service provider, affiliate, or subsidiary of an internet or wireless service provider, search engine, or cloud service provider does n
ot violate this
bill
by 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, but not limited to, transmissions, downloading, sto
ring, or providing access, to the extent that the provider is not responsible for the creation of the content of the communication that constitutes obscene material.

This bill authorizes the
attorney general
to
seek injunctive and other equitable relief
against a commercial entity that knowingly engages in behavior that violates
the laws of this state on obscenity or sexual exploitation of children
.

The attorney general may issue guidance to assist commercial entities in complying with
such laws
.

Current Bill Text

SENATE BILL 467
By Bowling

HOUSE BILL 221
By Barrett

HB0221
000752
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 28
and Title 39, relative to civil liability.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 9, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Commercial entity" means the same as defined in § 39-17-912; and
(2) "Internet" means the same as defined in § 39-17-912.
(b)
(1) A commercial entity that knowingly engages in an act that violates
this part or title 39, chapter 17, part 10 may be found civilly liable to an individual
for nominal damages; actual damages; punitive damages, if applicable pursuant
to § 29-39-104; court costs; and reasonable attorney fees as ordered by the
court.
(2) An action under subdivision (b)(1) may be certified as a class action
pursuant to Rule 23 of the Tennessee Rules of Civil Procedure, if appropriate.
(3) An individual may bring a civil action against a commercial entity
pursuant to subdivision (b)(1) without regard to whether the commercial entity's
act resulted in a conviction for a criminal offense under this part or title 39,
chapter 17, part 10.
(c) An internet or wireless service provider, affiliate, or subsidiary of an internet
or wireless service provider, search engine, or cloud service provider does not violate

- 2 - 000752

this section by 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, but not limited to, transmissions, downloading, storing, or providing
access, to the extent that the provider is not responsible for the creation of the content of
the communication that constitutes obscene material.
(d)
(1) The attorney general and reporter may seek injunctive and other
equitable relief against a commercial entity that knowingly engages in behavior
that violates this part or title 39, chapter 17, part 10.
(2) The attorney general and reporter may issue guidance to assist
commercial entities in complying with this part and title 39, chapter 17, part 10.
SECTION 2. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.