Vetoed by Governor Katie Hobbs

Vote Smart's Synopsis:

Vote to adopt a conference report that requires age and consent verification for sexual material published online in Arizona.

Highlights:

• Requires a commercial entity that publishes or allows the publication of sexual material on an internet website to do all of the following (Sec. 3):

• Require each individual who uploads sexual material to verify that those depicted were at least 18 years old at the time of creation and consented to creation and publication;

• Maintain records of such verification for at least seven years; and

• Implement reasonable measures to prevent the uploading of sexual material that does not have verified consent.

• Exempts the following from the requirements described above (Sec. 3):

• A news broadcast or publication;

• Material for scientific, medical, or educational purposes;

• An internet service provider, search engine, or cloud service provider;

• A video produced before the effective date of this section that was rated by the Motion Picture Association; and

• A television program or series that was produced before the effective date of this section.

• Establishes a civil penalty of $10,000 plus damages and attorney fees for each violation of this section (Sec. 3).

• Specifies that this section does not apply if it is clear to a reasonable viewer that the image or video has been both digitally manipulated and created for the purposes of parody, comedy, artistic impression, or criticism of matters of public concern (Sec. 3).

• Authorizes the Attorney General to seek civil penalties of up to $250,000 if a violation of this section involves sexual material including a minor (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that requires age and consent verification for sexual material published online in Arizona.

Highlights:

• Requires a commercial entity that publishes or allows the publication of sexual material on an internet website to do all of the following (Sec. 3):

• Require each individual who uploads sexual material to verify that those depicted were at least 18 years old at the time of creation and consented to creation and publication;

• Maintain records of such verification for at least seven years; and

• Implement reasonable measures to prevent the uploading of sexual material that does not have verified consent.

• Exempts the following from the requirements described above (Sec. 3):

• A news broadcast or publication;

• Material for scientific, medical, or educational purposes;

• An internet service provider, search engine, or cloud service provider;

• A video produced before the effective date of this section that was rated by the Motion Picture Association; and

• A television program or series that was produced before the effective date of this section.

• Establishes a civil penalty of $10,000 plus damages and attorney fees for each violation of this section (Sec. 3).

• Specifies that this section does not apply if it is clear to a reasonable viewer that the image or video has been both digitally manipulated and created for the purposes of parody, comedy, artistic impression, or criticism of matters of public concern (Sec. 3).

• Authorizes the Attorney General to seek civil penalties of up to $250,000 if a violation of this section involves sexual material including a minor (Sec. 3).

Full Bill Text