HB 221

This bill authorizes a commercial entity that knowingly engages in an act that violates the laws of this state on obscenity or sexual exploitati on of children to be found civilly liable to an individual for nominal damages , actual damages , punitive damages if applicable , court costs , and reasonable attorney fees as ordered by the court. Such an action may be certified as a class action pursuant t o Rule 23 of the Tennessee Rules of Civil Procedure, if appropriate. This bill authorizes an individual to bring such a civil action against a commercial entity without regard to whether the commercial entity's act resulted in a conviction for a criminal offense under the laws of this state on obscenity or sexual exploitation of children . However, a n internet or wireless service provider, affiliate, or subsidiary of an internet or wireless service provider, search engine, or cloud service provider does n ot violate this bill by providing access or connection to or from a website or other information or content on the internet, or a facility, system, or network not under that provider's control, including, but not limited to, transmissions, downloading, sto ring, or providing access, to the extent that the provider is not responsible for the creation of the content of the communication that constitutes obscene material. This bill authorizes the attorney general to seek injunctive and other equitable relief against a commercial entity that knowingly engages in behavior that violates the laws of this state on obscenity or sexual exploitation of children . The attorney general may issue guidance to assist commercial entities in complying with such laws .