Official Summary Text
Present law
provides that a
n individual or commercial entity that is found to have
published or distributed in this state a website that contains a substantial portion of content harmful to minors without verifying by using a reasonable age-verification method, the ag
e of each active user attempting to access its website,
is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court.
This bill also hol
ds such individual or commercial entity liable for actual damages, nominal damages, and punitive damages, if applicable. This bill additionally authorizes an action brought pursuant to the above provisions, to be certified as a class action, if appropria
t
e.
Under present law, it is not a violation of the "Protect Tennessee Minors Act" to distribute, sell, display, or expose material, the distribution, sale, display, or exposure of which is otherwise permitted by law. This bill removes this provision.
OBSCENE MATERIAL
Under present law, it is unlawful to engage in any of the following:
To
knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of federal law
.
T
o direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production that renders the production or performance obscene
.
F
or a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades K-12.
In addition to any criminal penalties, this bill authorizes a person in violation of the above provisions
to be found civilly liable to an injured party for nominal damages, actual damages, and punitive damages, if applicable; court costs; and reasonable attorney fees as ordered by the court.
ENFORCEMENT
Under present law, an individual or commercial entity that is found to have violated the "Protect Tennessee Minors Act" is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reas
o
nable attorney fees. Additionally, an
individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages r
esulting from retention of the identifying information, including court costs and reasonable attorney fees
. A violation of this act is a Class C felony, punishable by a sentence of imprisonment for not less than three years nor more than 15 years and, in
addition, the jury may assess a fine not to exceed $10,000.
This bill
authorizes
the attorney general
to
issue guidance to assist commercial entities in complying with the above provisions.
Current Bill Text
Read the full stored bill text
SENATE BILL 466
By Bowling
HOUSE BILL 222
By Barrett
HB0222
001254
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 9; Title 47, Chapter 18 and
Chapter 1021 of the Public Acts of 2024, relative
to civil actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-912(e)(1), is amended by
deleting "including court costs and reasonable attorney fees" and substituting "including actual
damages; nominal damages; punitive damages, if applicable pursuant to § 29-39-104; court
costs; and reasonable attorney fees".
SECTION 2. Tennessee Code Annotated, Section 39-17-912(e), is amended by adding
the following as a new subdivision:
(3) An action under this section may be certified as a class action pursuant to
Rule 23 of the Tennessee Rules of Civil Procedure, if appropriate.
SECTION 3. Tennessee Code Annotated, Section 39-17-912, is amended by deleting
subsection (h).
SECTION 4. Tennessee Code Annotated, Section 39-17-902, is amended by adding
the following as a new subsection:
( ) In addition to any criminal penalties, a person or entity that violates
subsection (a) may be found civilly liable to an injured party 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 - 001254
SECTION 5. Tennessee Code Annotated, Section 39-17-912(j), is amended by
designating the existing language as subdivision (j)(1) and adding the following new subdivision
(j)(2):
(2) The attorney general and reporter may issue guidance to assist commercial
entities in complying with this part.
SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.