Image Credit: Tennessee Rep Jody Barrett / Facebook
The Tennessee Conservative [By Adelia Kirchner] –
On Tuesday, conservative Representative Jody Barrett (R-Dickson-District 69) filed a new bill that would allow individuals to hold commercial entities civilly liable for knowingly possessing, purchasing, promoting, producing, selling, sending, transporting, or distributing obscene matter in Tennessee.
House Bill 221 (HB0221), as introduced, states that a commercial entity which “knowingly engages” in action that violates this legislation or TCA § 39-17-10, on sexual exploitation of children, may be found civilly liable to an individual for nominal, actual, and/or punitive damages, court costs, and “reasonable attorney fees as ordered by the court.”
For the purposes of this legislation, “commercial entity” is defined by the Protect Tennessee Minors Act as “a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity.”
HB0221 adds that any of the previously listed action by a commercial entity in relation to obscene material can be certified as a class action case “if appropriate.”
Additionally, an individual would be allowed to bring civil action against a commercial entity “without regard to whether the commercial entity’s act resulted in a conviction for a criminal offense.”
This piece of legislation clarifies that internet, wireless companies, search engines, and similar entities, would not be in violation of this law for providing access or connection to a website or network that is not under their control “to the extent that the provider is not responsible for the creation of the content of the communication that constitutes obscene material.”
Under this legislation, Tennessee’s attorney general and reporter “may seek injunctive and other equitable relief against a commercial entity that knowingly engages in behavior that violates these provisions or those of TCA § 39-17-10.”
HB0221 also contains a severability clause stating that “If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable.”
If passed by the state legislature HB0221 would take effect upon becoming law.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
