Obscenity and Pornography

Plain English Breakdown

The bill summary and text do not provide detailed information on enforcement mechanisms or penalties.

Civil Liability for Obscenity and Child Sexual Exploitation

This bill allows individuals to sue commercial entities that knowingly violate state laws on obscenity or child sexual exploitation in civil court.

What This Bill Does

• Allows individuals to file a lawsuit against commercial entities that knowingly break Tennessee's laws regarding obscenity or the sexual exploitation of children, without needing a criminal conviction.
• Enables the attorney general to seek legal action for injunctions and other equitable relief against such commercial entities.
• Exempts internet and wireless service providers from liability when they provide access to content not under their control.

Who It Names or Affects

• Commercial entities that knowingly violate state laws on obscenity or child sexual exploitation
• Individuals who can sue these commercial entities in civil court
• Internet and wireless service providers, search engines, and cloud services

Terms To Know

Civil liability

The responsibility to pay damages for a legal wrong.

Class action

A lawsuit where one or more people sue on behalf of a larger group with similar claims.

Limits and Unknowns

• It's not clear what the exact penalties will be for commercial entities found liable.
• The bill does not specify who can bring these civil actions, only that individuals may do so.
• There are no details on how the attorney general will issue guidance to help companies follow the law.

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

HOUSE BILL 221
By Barrett

SENATE BILL 467
By Bowling

SB0467
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.