South Carolina Lawyers Weekly staff//May 31, 2024//
South Carolina Lawyers Weekly staff//May 31, 2024//
COLUMBIA — A bill signed into law this week will require websites that include content “deemed harmful to minors” to verify their visitors’ ages.
Gov. Henry McMaster signed the Child Online Safety Act, originally designated H. 3424, into law during a ceremony Wednesday, a news release from his office says. The law requires websites to implement an age verification system to prevent visitors younger than 18 from accessing the material.
The law goes into effect Jan. 1, 2025.
It defines the covered items as “material or performances that depict sexually explicit nudity or sexual activity that an average adult applying contemporary community standards would find that the material or performance has a tendency to appeal to a prurient interest of minors in sex,” the release says.
Its provisions also open up websites that produce obscene material or promote child pornography or child sexual exploitation to class action lawsuits, making them potentially liable to plaintiffs for damages, court costs and reasonable attorney fees.
Two state legislators touted the law’s benefits.
“The state clearly has a compelling interest to protect our children, and that is what this bill does,” state Representative Travis Moore said in the release.
Said state Senator Danny Verdin: “A tremendous body of work was developed for the promulgation of this legislation. We have put the guardrails in place to keep our children from going into digital destruction.”