Serves under-18s, in Mississippi

HB 1315 (2023), Miss. Code Ann. 37-11-81 and 39-3-25 · Read the law's page

• Applies to a vendor or other person or entity providing digital or online resources or databases to students in kindergarten through twelfth grade under section 37-11-81, or to minors under section 39-3-25, and to the state, its agencies, school districts, charter schools, the other schools section 37-11-81 lists and public libraries, which offer those resources (Miss. Code 37-11-81(1) and 39-3-25(1)).
• Vendor: have safety policies and technology protection measures that prohibit and prevent a person from sending, receiving, viewing or downloading child pornography, materials that depict or promote child sexual exploitation or trafficking, obscene materials, inappropriate materials depicting or dealing with matters of sex, cruelty and violence in a manner likely to be injurious or harmful to a child, and materials that are sexually oriented as defined in section 97-5-27(2) (Miss. Code 37-11-81(2)(a)); for resources offered to minors, the same duty runs to a minor (Miss. Code 39-3-25(2)(a)).
• Vendor: block, or otherwise prohibit and prevent, access to obscene materials, inappropriate materials, sexually oriented materials and materials that depict, describe or promote child pornography or child sexual exploitation (Miss. Code 37-11-81(2)(b) and 39-3-25(2)(b)).
• Vendor: verify to the contracting party that all the resources will comply with these safety policies and technology protection measures, because the contracting party may offer the resources to students or minors only on that verification (Miss. Code 37-11-81(1) and 39-3-25(1)).
• State agency, school district, school or public library: offer digital or online resources or databases to students in kindergarten through twelfth grade, or to minors, only if the vendor has verified that all the resources will comply (Miss. Code 37-11-81(1) and 39-3-25(1)).for a public body
• State agency, school district, school or public library: withhold further payments to a provider that fails to comply, pending verification of compliance, whatever the contract provides (Miss. Code 37-11-81(3)(a) and 39-3-25(3)(a)).for a public body
• State agency, school district, school or public library: after a first uncured occurrence of noncompliance with no verification within thirty days of notice, consider the noncompliance a breach of contract; after a second, reduce the agreed price by ten percent; after a third, treat the contract as terminated and take a complete refund (Miss. Code 37-11-81(3)(d) to (f) and 39-3-25(3)(d) to (f)).for a public body
• Provider: after a second uncured occurrence, return the amount needed for the ten percent reduction where the price is paid in full or the balance owed is less than ten percent, and after a third return all amounts paid under the contract (Miss. Code 37-11-81(3)(e) and (f) and 39-3-25(3)(e) and (f)).
• State agency or public library offering resources to minors: before withholding any payment, give the database vendor written notice of the violation, thirty days to present evidence that no breach occurred, thirty days to cure, and the opportunity to tender the disputed contract funds into the registry of a court (Miss. Code 39-3-25(4)).for a public body
• State agency, school district, school or public library: report a provider's failure to comply to the Attorney General no later than thirty days after learning of it (Miss. Code 37-11-81(4) and 39-3-25(5)).for a public body
• An internet service provider, search engine or cloud service provider is not held to have violated the act solely for providing services that are not the direct provision of digital or online resources or databases to students in kindergarten through twelfth grade or to minors, and the sections do not apply to use by a student enrolled in a Mississippi institution of higher education or a community or junior college, including dual-enrolled students (Miss. Code 37-11-81(3)(b) and (c) and 39-3-25(3)(b) and (c)).

Miss. Code Ann. sections 11-79-1 to 11-79-7 · Read the law's page

• Applies to interactive computer services accessible to minors.
• Do not knowingly make false or misleading statements or representations to a minor, or to a minor's parent or guardian, about your service, such as falsely denying that it is addictive or safe to minors or failing to disclose or warn of its harmful effects.