On January 8, 2024, Senate Bill 17 for an act requiring age verification for material harmful to minors was introduced to the Indiana General Assembly and on the same date was read for the first time and referred to the Committee on Judiciary. 

What are the key provisions of the bill?

The bill would require an adult-oriented website operator who displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult-oriented website. The bill defines key terms including, among others, 'reasonable age verification method,' 'transactional data,' and 'adult-oriented website operator.' 

Additionally, the bill:

• would prohibit a person who 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;
• states that an adult-oriented website operator who knowingly or intentionally publishes an adult-oriented website without using a reasonable age verification method to allow a child to access internet pornography, a class A misdemeanor, and increases the penalty to a level six felony for a prior conviction or violation; and
• creates a cause of action to permit:
  • 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
  • any other person to bring an action to obtain injunctive relief and reasonable attorney's fees.

You can read the bill here and track its progress here.

Update: January 12, 2024

Bill passes Committee on Judiciary

On January 11, 2024, the Committee on Judiciary passed the bill with amendments. 

You can read the bill here, track its progress, and read the amendments here.

Update: January 17, 2024

Bill passes second reading

On January 16, 2024, the bill passed its second reading with amendments.

You can read the bill here, track its progress, and read the amendments here.

Update: January 26, 2024

Bill referred to House of Representatives 

On January 23, 2024, the bill was referred to the House of Representatives. 

You can read the bill here, track its progress, and read the amendments here.

Update: February 6, 2024

Bill referred to House Committee on Judiciary

On February 6, 2024, the bill was read for the first time in the Indiana House of Representatives and on the same date, referred to the Committee on Judiciary. 

You can read the bill here, track its progress, and read the amendments here.

Update: February 27, 2024

Bill ordered to engrossment

On February 26, 2024, the bill was ordered to engrossment by the House following the second reading.

You can read the engrossed bill here and track its progress here.

Update: February 28, 2024

Bill passes third reading in House 

On February 27, 2024, the bill passed its third reading in the House.

You can read the engrossed bill here and track its progress here.

Update: February 29, 2024

Bill returned to Senate with amendments

On February 28, 2024, the bill was returned to the Senate with amendments. 

You can read the engrossed bill here and track its progress here.

Update: March 1, 2024

Senate rescinds dissent from House amendments to bill

On February 29, 2024, the Senate filed a motion to dissent from the House amendments to the bill and on the same date, rescinded the dissent. 

You can read the engrossed bill here and track its progress here

Update: March 4, 2024

Senate files motion to concur with House 

On March 1, 2024, the Senate filed a motion to concur with the House for the bill. 

You can read the engrossed bill here and track its progress here.

Update: March 5, 2024

Senate concurs with House amendments to bill

On March 4, 2024, the Senate concurred with the House amendments to the bill. 

You can read the engrossed bill here and track its progress here.

Update: March 11, 2024

Senate President pro tempore signs the bill

On March 7, 2024, the bill was signed by the Indiana Senate President pro tempore.

You can read the engrossed bill here and track its progress here.

Update: March 14, 2024

Governor signs bill into law

On March 13, 2024, the bill was signed by the Governor of Indiana into law. 

The Act will enter into effect on July 1, 2024. 

You can read the Act here and view its legislative history here.

Update: July 2, 2024

District Court blocks Act from coming into effect

On June 28, 2024, the District Court of the Southern District of Indiana, Indianapolis Division, issued a preliminary injunction in Case No. 1:24-cv-00980-RLY-MG Free Speech Coalition, Inc., et al., v. Todd Rokita, Attorney General of Indiana, in which it enjoined the Act from entering into effect on July 1, 2024.

Background to the decision

The Act imposed age verification requirements on websites that contain at least one-third of content deemed to be harmful to minors. According to the plaintiffs, the Act violated the U.S. Constitution's First Amendment, Fourteenth Amendment, Eighth Amendment, Fifth Amendment, and the Supremacy Clause.

Findings of the Court

The Court found that the age verification provisions placed burdens on a significant amount of speech protected by the First Amendment of the Constitution such that the Act is significantly overbroad and its rational basis is not appropriate. The Court also found that the Act imposed burdens on adults accessing constitutionally protected speech even when the majority of a website contains entirely acceptable and constitutionally protected material.

The Court further stated that strict scrutiny applies to the Act and, therefore, it must advance a compelling Government interest and be narrowly tailored to that interest such that there are no less restrictive alternatives that could equally advance the same interest. The Court found that the strict scrutiny test was not satisfied in this instance.

Finally, the Court concluded that the plaintiffs established irreparable harm if they were not to receive a preliminary injunction.

Outcomes

In light of the above, the Act is preliminarily injuncted from coming into force on July 1, 2024.

You can read the decision here.