Law / United States / Mississippi

SB 2346, Act to Regulate Pornographic Media Exposure to Children

Miss. Code Ann. Title 11, Chapter 77, sections 11-77-1 to 11-77-7

In force since .

An adult content age verification (AV) rule binding private bodies.

Criminal exposure
No
Private right of action
Yes
Penalties
Civil liability to any individual for damages, including court costs and attorney fees
Age threshold
18
Covered services
Commercial websites where more than one third of content is material harmful to minors
Obligation class
Age verification, Retention
Verification methods
Gov ID, Transactional data, Third party service
Audit expectation
none

What it requires

  • Applies to commercial entities that publish or distribute material harmful to minors where a substantial portion (more than one third) of the site is such material.
  • Perform reasonable age verification before granting access, using a commercial age verification system or a transactional data method.

These lines are LexLint's reading of the law's text.

Who enforces it

Enforcement body

Private civil action; no separate state regulator named in the civil liability chapter

Settledness

The Act makes a violating entity liable to an individual for damages, so no regulator construes it.

As of
Open questions
  • How is "more than thirty-three and one-third (33-1/3) percent of total material on a website" in Section 2(i) of Senate Bill 2346 measured for a site that mixes material harmful to minors with other content, by number of items, running time or page views?
  • Is the "total material on a website" under Section 2(i) of Senate Bill 2346 counted item by item against all three limbs of the definition of "material harmful to minors" in Section 2(d), including the limb that asks whether the material taken as a whole lacks serious value for minors?

What it makes you log

Log retention

Section 3(2); section 3(3)(b) gives the individual a damages action against an entity that knowingly retained it.

As of
Basis
Purpose bound
Prohibits retaining
Any identifying information of the individual, after access has been granted to the material

Logging duty

Section 3(2) forbids the entity or its third-party verifier to retain identifying information of the individual after access is granted, and section 3(3)(b) makes knowing retention actionable. The act names no record of the check.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Requires commercial entities that publish or distribute material harmful to minors, where a substantial portion (more than one third) of the site is such material, to perform reasonable age verification before granting access, using a commercial age verification system or transactional data method.

House Bill 599 of 2025 amended sections 11-77-3 and 11-77-7 of the chapter and added sections 11-77-6 and 11-77-9. House Bill 599 took effect on .

Section 11-77-6 provides that a commercial entity that knowingly and intentionally publishes or distributes obscene matter, or matter that depicts, describes or promotes child pornography or child sexual exploitation, on the Internet may be held liable to an individual for nominal damages, actual damages, noneconomic damages up to $500,000, and court costs and reasonable attorney fees.

Section 11-77-7, as amended, extends the exemption for internet service providers, search engines and cloud service providers to content that is obscene matter or that depicts, describes or promotes child pornography or child sexual exploitation, to the extent the provider is not responsible for creating it.

When LexLint raises it

When your app profile says your app publishes adult content.

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