H 3249 Session 123 (2019-2020) H 3249 General Bill, By Burns, V.S.Moss, Hiott, Huggins, Loftis, G.R.Smith and Johnson A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING Whereas, the State of South Carolina has a compelling interest in protecting the public health and protecting minors from being exposed to obscenity; and Whereas, studies have shown that pornography is a public health hazard, leading to a broad spectrum of well documented individual impacts and societal harms that are especially injurious to children; and Whereas, easily accessible pornography on products that are distributed through the Internet is impacting the demand for human trafficking and prostitution; and Whereas, the General Assembly has a compelling interest to impose a narrowly tailored, common sense filter system that combats the growing epidemic of dissemination of pornographic images and the resulting demand for human trafficking while balancing the consumer's fundamental right to regulate his own mental health. Now, therefore, Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 15, Title 16 of the 1976 Code is amended by adding:
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Section 16-15-500. (A) A business, manufacturer, wholesaler, or individual that manufactures, distributes, or sells a product that makes content accessible on the Internet is prohibited from doing business in this State unless the product contains an active and operating digital blocking capability that renders any obscenity, as defined in Section 16-15-305, inaccessible. (B) The business, manufacturer, wholesaler, or individual must: (1) make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly, including establishing a reporting mechanism such as a website or call center to allow for a consumer to report unblocked obscene content or report blocked content that is not obscene; (2) ensure that all child pornography and revenge pornography is inaccessible on the product; (3) prohibit the product from accessing any hub that facilitates prostitution; and (4) render websites that are known to facilitate any trafficking of persons, as defined in Section 16-3-2010(9), inaccessible.
(C) This
(1) any product manufactured or sold prior to the effective date of this (2) an occasional sale of an internet enabled device by a person that is not regularly engaged in the trade or business of selling internet enabled devices. Section 16-15-510. (A) Any digital blocking capability may be deactivated after the consumer: (1) requests in writing that the capability be disabled; (2) presents identification to verify that the consumer is eighteen years of age or older; and (3) acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability.
(B) Nothing in this Section 16-15-520. (A) If the digital blocking capability blocks content that is not obscene and the block is reported to a call center or reporting website, the content must be unblocked within a reasonable time but in no event later than five business days after the block is reported. (B) The digital blocking capability may not filter social media websites that are primarily used for social interaction if these websites have a reporting center and remain reasonably proactive in removing reported obscene content. (C) The consumer may seek judicial relief to unblock filtered content.
Section 16-15-530. (A) A business or individual that violates the provisions of this
(B) A business or individual who complies with the provisions of Section 16-15-510 is not subject to criminal liability for violating the provisions of this
Section 16-15-540. (A) The Office of Attorney General is authorized to seek injunctive relief against any business, manufacturer, wholesaler, or individual that manufactures, distributes, or sells any products in this State that violates the provisions of this (B) If a business, manufacturer, wholesaler, or individual is unresponsive to a report of obscene material that has breached the filter, the consumer or Attorney General may file a civil suit. The consumer or Attorney General may seek damages of up to five hundred dollars for each piece of content that was reported but not subsequently blocked. (C) The prevailing party in the civil action may seek attorneys' fees.
(D) It is an affirmative defense in a civil action to a charge of violating this SECTION 2. This act takes effect one year after approval by the Governor.
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