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KRS 436.002

Liability for failure to perform age verification to access matter harmful to minors -- Civil actions -- Applicability

Applied in 2 court decisions — leading case Free Speech Coalition, Inc. v. Paxton (2025)

Most recently applied in Free Speech Coalition, Inc. v. Paxton (June 2025)

Effective: July 15, 2024 History: Created 2024 Ky

(1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section.

(2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover:

(a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and (b) Actual damages, court costs, and reasonable attorney's fees.

(3) This section shall only apply to a minor who:

(a) Is a permanent resident of this state;

(b) Has resided in this state for more than one (1) year; or (c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.