Title 78B - Judicial Code - Chapter 6 - Particular Proceedings - Part 21 - Cause of Action for Minors Injured by Pornographic Material - Section 2102 - Exemptions.

Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 78B-6-2102 Exemptions. (1) If the conditions of Subsection (2) are met, this part does not apply to:

(a) the following, as defined in the Communications Act of 1934, as amended: (i) an interactive computer service; (ii) a telecommunications service, information service, or mobile service, including a commercial

mobile service; or (iii) a multichannel video programming distributor;

(b) an Internet service provider; (c) a provider of an electronic communications service; (d) a distributor of Internet-based video services; (e) a host company as defined in Section 76-10-1230; or (f) a distributor of electronic or computerized game software that users manipulate through

interactive devices. (2) This part does not apply to an entity described in Subsection (1) if:

(a) the distribution of pornographic material by the entity occurs only incidentally through the entity's function of:

(i) transmitting or routing data from one person to another person; (ii) providing a connection between one person and another person; or (iii) providing data storage space or data caching to a person;

(b) the entity does not intentionally aid or abet in the distribution of the pornographic material; and (c) the entity does not knowingly receive from or through a person who distributes the

pornographic material a fee greater than the fee generally charged by the entity, as a specific condition for permitting the person to distribute the pornographic material.

Enacted by Chapter 464, 2017 General Session