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Arkansas: Bill on protection of minors becomes law
Senate Bill 66 for the Protection of Minors from the Distribution of Harmful Material Act was enacted, on 11 April 2023, following approval from the Arkansas Governor and renamed Act 612 for the Protection of Minors from the Distribution of Harmful Material. In particular, the Act provides definitions, including for the terms 'commercial entity', 'distribute', 'material harmful to minors', and 'minor'. More specifically, the Act stipulates that commercial entities must use a reasonable age-verification method before allowing access to a website that contains a substantial portion of material that is harmful to minors. On this, the Act provides that reasonable age-verification methods include providing:
- a digitised identification card, including a digital copy of a driver's license;
- government-issued identification; or
- any commercially reasonable age-verification method that holds an identity assurance level two.
In regard to liability, the Act outlines that a commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet, from a website that contains a substantial portion of material that is harmful to minors, is liable if it fails to perform reasonable age verification of the individual. Furthermore, the Act stipulates that a commercial entity that violates the Act is liable to an individual for damages resulting from a minor accessing harmful material, including court costs and reasonable attorney's fees as ordered by the court.