North Dakota House approves bill for strict age verification on adult websites

The House Floor Session on February 7, 2025, focused on House Bill 1561, which aims to establish a new section in the North Dakota Century Code concerning the liability of commercial entities that publish or distribute material deemed harmful to minors. The bill, which received a recommendation for a "due pass" from the judiciary committee with a vote of 11 in favor, 0 against, and 3 absent, was presented by Representative Hoverson.

Representative Hoverson emphasized the importance of the bill, stating that it addresses the issue of age verification for minors accessing adult websites. The bill defines a minor as anyone under the age of 18 and introduces a requirement for commercial entities to implement a robust age verification system. This system cannot simply rely on self-declaration of age; instead, it must involve the use of a digital identification card or a government-issued ID.

A notable aspect of the bill is its provision that exempts news gathering organizations from liability when conducting their news activities. Additionally, the bill stipulates that commercial entities or third parties involved in age verification cannot retain any identifying information from users. If they do retain such information, they would be liable for damages.

The bill also clarifies that it does not apply to bona fide news or public interest broadcasts, and internet service providers cannot be held liable for merely hosting the websites in question.

The session concluded with a call for a vote, with Representative Hoverson urging members to support the bill. The discussions highlighted the ongoing efforts to protect minors from harmful online content while balancing the responsibilities of commercial entities and news organizations.