Ky. Rev. Stat. § 436.002

Current through 2024 Ky. Acts ch. 225
Section 436.002 - Liability for failure to perform age verification to access matter harmful to minors - Civil actions - Applicability
(1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section.
(2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover:
(a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and
(b) Actual damages, court costs, and reasonable attorney's fees.
(3) This section shall only apply to a minor who:
(a) Is a permanent resident of this state;
(b) Has resided in this state for more than one (1) year; or
(c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.

KRS 436.002

Added by 2024 Ky. Acts ch. 106,§ 14, eff. 7/15/2024.