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
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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