The Senate Judiciary Committee heard SB 17 authored by Sen. Bohacek and Sen. Deery on age verification for material harmful to minors. This bill:
- requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website.
- creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney’s fees; and (2) any other person to bring an action to obtain injunctive relief and reasonable attorney’s fees.
- prohibits a person that conducts age verification from retaining the identifying information of an individual seeking to access an adult oriented website that displays material harmful to minors and permits an individual whose identifying information is retained to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney’s fees.
- provides that an adult oriented website operator who knowingly or intentionally publishes an adult oriented website without using a reasonable age verification method commits allowing a child to access Internet pornography, a Class A misdemeanor, and increases the penalty to a Level 6 felony for a prior conviction or violation.
The bill was amended by consent to provide exceptions to the definition of “adult oriented website operator” including a newspaper or news service, a cloud service provider, and an internet provider or search engine.
The ACLU of Indiana testified in opposition to the bill. The American Family Association of Indiana testified in support. The amended bill passed 10-0.
Read the bill at https://iga.in.gov/legislative/2024/bills/senate/17