A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 37-1-320 SO AS TO REQUIRE INTERNET SERVICE PROVIDERS TO FILTER ADULT CONTENT UNLESS A CONSUMER REQUESTS THAT THE FILTER BE DEACTIVATED.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 37 of the S.C. Code is amended by adding:

 

    Section 37-1-320.  (A) As used in this section, "adult content" means material that is "harmful to minors" as those terms are used in Section 16-15-375.

    (B) An internet service provider must use reasonable commercially available means to filter adult content to prevent its communication, publication, or distribution to a consumer.

    (C) An internet service provider must make a good faith effort to apply a generally accepted and commercially reasonable method of filtering, including either of the following:

       (1) providing in-network filtering to prevent the display of or access to adult content; or

       (2) engaging a third party to provide, or referring a consumer to a third party that provides, a commercially reasonable method of filtering to prevent the display of or access to adult content.

    (D) An internet service provider may charge a fee to provide the filtering required by this section.

    (E) A consumer may have his or her adult content filter deactivated by submitting all of the following to his or her internet service provider:

       (1) a Request for Deactivation of Adult Content Filter form;

       (2) reasonable verification that the individual making the request is eighteen years of age or older; and

       (3) payment of any applicable deactivation fee assessed by the internet service provider.

    (F) The administrator, as defined in Section 37-1-301, shall create and publish a Request for Deactivation of Adult Content Filter form to be used by internet service providers pursuant to this section.

    (G) A violation of this section by an internet service provider shall be considered a violation of the South Carolina Unfair Trade Practices Act under Chapter 5, Title 39 of the S.C. Code.

    (H) The Commission on Consumer Affairs, through the administrator, may adopt rules and regulations to implement and administer this section.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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