Summary
H.B. 2422 is an HTPA bill. It bars the manufacture, sale, offer for sale, lease or other distribution of any device that makes content accessible on the internet unless the device has active and properly operating filtering software that blocks access to obscene for minors material, “revenge pornography” and any website that facilitates prostitution or human trafficking.
“Revenge porn” is defined as dissemination of any nude image of an identifiable person without the consent of that person. Nudity is defined as less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, whether covered or uncovered.
A violation is a misdemeanor subject to up to one year in prison, a fine of up to $500 or both for each item that is not filtered. The attorney general or any district attorney can seek injunctive relief for failure to block such content.
The filtering software can only be deactivated by an adult who goes through a four step process:
a. The adult makes a written request;
b. Presents identification proving he or she is 18 or older;
c. The manufacturer or distributor provides a written warning of the potential dangers of deactivating the filtering software that the consumer must acknowledge receiving; and
d. Pays a $20 tax. The manufacturer, distributor or seller may charge an additional fee.
The manufacturer or distributor must make reasonable and ongoing efforts to filter is working properly. This includes distributing monthly updates to the software.
The manufacturer or distributor must also create a website, call center or other reporting mechanism to allow a person to report over blocking or under blocking. Once reported, content that is obscene must be blocked within five days and content that is not obscene must be unblocked within five days. If the manufacturer or distributor fails to act, any person may bring a civil suit to unblock non-obscene content. Any person or the attorney general may bring a civil suit to block unblocked content. In either case, the prevailing party is entitled to attorneys’ fees.
Analysis
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Read our memo in opposition to this bill for an analysis on why the bill is unconstitutional.
Status
- 02/08/2018: The bill was introduced.
- 02/21/2018: The bill was referred to the Special Committee to Improve the Care and Well-being of Young People.
- 03/12/2018: Action on the bill was postponed.