436.002 Liability for failure to perform age verification to access matter harmful to
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/ky/436-002A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
consecutive days.