Title 78B - Judicial Code - Chapter 6 - Particular Proceedings - Part 21 - Cause of Action for Minors Injured by Pornographic Material - Section 2103 - Liability -- Safe harbor.

Published: 2020-05-12

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Utah Code

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Effective 5/12/2020 78B-6-2103 Liability -- Safe harbor. (1) A person who is not exempt under Section 78B-6-2102, and who predominately distributes or

otherwise predominately provides pornographic material to consumers is liable to a person if: (a) at the time the pornographic material is viewed by the person, the person is a minor; and (b) the pornographic material is the proximate cause for the person being harmed physically or

psychologically, or by emotional or medical illnesses as a result of that pornographic material. (2) Nothing in this part affects any private right of action existing under other law, including

contract. (3) Notwithstanding Subsection (1), a person who distributes or otherwise provides pornographic

material is not liable under this section if the person who distributes or otherwise provides pornographic material:

(a) provides a warning that: (i) is conspicuous; (ii) appears before the pornographic material can be accessed; and (iii) consists of a good faith effort to warn persons accessing the pornographic material that the

pornographic material may be harmful to minors; and (b) makes a good faith effort to verify the age of a person accessing the pornographic material.

(4) Subsection (3) may not be interpreted as exempting a person from complying with Title 13, Chapter 39, Child Protection Registry.

(5) (a) Notwithstanding Section 78B-6-2105, a person who is not exempt under Section 78B-6-2102,

and who predominately distributes or otherwise predominately provides obscene material to consumers without a warning label or without the metadata described in Subsection 78B-6-2105(3)(b) is not liable if the person demonstrates reasonable efforts to determine the location of recipients of obscene material within the state and the placement of warning labels on material that enters the state. Reasonable efforts shall result in a compliance rate that exceeds 75% of the content believed to enter the state within the shorter of six months prior to any claim, or from May 12, 2020 to the time of the claim. Proof of reasonable efforts shall remove liability only for the type of compliance for which reasonable efforts have been proven.

(b) The use of virtual private networks or similar technology by the consumer to hide the consumer's location may not be included in a compliance rate calculation.

(6) Notwithstanding Section 78B-6-2105, a video game without a warning label is not liable if it has a rating of the Entertainment Software Rating Board or equivalent, as long as it also explicitly provides notice of the content as part of the rating.

Amended by Chapter 442, 2020 General Session