78B-6-2102. Exemptions.
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Effective 5/6/2026
78B-6-2102. Exemptions.
(1)If the conditions of Subsection
(2)are met, this part does not apply to:
(a)the following, as defined in the Communications Act of 1934, as amended:
(i)an interactive computer service;
(ii)a telecommunications service, information service, or mobile service, including a commercial mobile service; or
(iii)a multichannel video programming distributor;
(b)an internet service provider;
(c)a provider of an electronic communications service;
(d)a distributor of internet-based video services;
(e)a hosting company as defined in Section 76-5c-401 ; or
(f)a distributor of electronic or computerized game software that users manipulate through interactive devices.
(2)This part does not apply to an entity described in Subsection
(1)if:
(a)the distribution of obscene animal abuse material or pornographic material by the entity occurs only incidentally through the entity's function of:
(i)transmitting or routing data from one person to another person;
(ii)providing a connection between one person and another person; or
(iii)providing data storage space or data caching to a person; and
(b)the entity does not intentionally aid or abet in the distribution of the obscene animal abuse material or pornographic material.
Amended by Chapter 255 , 2026 General Session