Porn lawsuit bill moves to House for final vote
ST. GEORGE – Proposed legislation that would allow lawsuits against pornography distributors for alleged harm caused to minors is just a House floor vote away from passing the Legislature.
2017’s Senate Bill 185, Cause of Action for Minors Injured by Pornography, is sponsored by Sen. Todd Weiler, R-Woods Cross, and is a follow up to 2016’s legislative resolution that declared pornography a public health crisis.
Weiler’s bill passed the House Judiciary Committee Friday with an 8-3 vote. Prior to the House committee vote, it passed the Utah Senate Monday with a unanimous vote.
The 2016 anti-porn resolution, which was signed by Gov. Gary Herbert and drew international attention, something Weiler said he hadn’t expected – and which he has been praised and mocked for since – deserved a follow-up, he said to the House committee Friday.
“If you declare pornography to be a public health hazard, then you should do something about it,” Weiler said.
The bill was “basically a products liability bill,” he said. That means that while it does not restrict the production and distribution or sale of a product, people can still sue the manufacturer/distributor of said product if they believe it has harmed them in some fashion.
He compared it to buying food that has glass in it and causes physical harm once eaten. The food can still be sold, but the producer of it can also be sued provided the plaintiff is able to convince a judge and/or jury of the claim.
“We’re not telling them they can’t distribute porn. We’re not telling them people can’t watch it,” Weiler said, “but (they) can be responsible for the damages.”
In the case of minors and pornography, Weiler said 11 is the average age children are exposed to pornographic material in Utah.
The pornographic material minors can be exposed to on the internet isn’t like the nude centerfolds Playboy had when he was a kid either, Weiler said. Today it is far beyond that.
According to a study Weiler cited, an estimated 80 percent of free sex videos online display acts of violence toward women, including rape. The ease with which minors can access online pornography is disturbing, he said.
“This bill is tailored to minors,” Weiler said. “It is illegal for minors to view pornography (in Utah). It is illegal for somebody to show pornography to minors.”
Provided an individual or family is able to reach the a satisfactory burden of proof in court that a pornography supplier has caused harm to a minor, an example of a judgment could involve the supplier covering the cost of the minor’s counseling and rehabilitation fees, Weiler said.
Rep. Brad Kind, D-Salt Lake City, asked Weiler if someone could sue pornography suppliers under current law.
Weiler said someone could, but as there is no real precedent established in that regard, it would likely be dismissed. Having the proposed legislation on the books would help put a little more weight behind a potential suit. Still, the lawsuit has to reach the necessary burden of proof to be considered viable, he said.
“That would be a difficult lawsuit to win,” Weiler said.
There are ways pornography websites can avoid getting sued, however. Weiler called a “safe harbor” spelled out in the bill that “the most important part.”
Under the bill, a pornography website would have to supply a warning of some kind informing the consumer that pornography can be harmful to children. This would be similar to warnings about smoking on cigarette packs, Weiler said.
The websites would also have to make a “good faith effort” at verifying the age of site visitors.
While the House committee expressed general support for the bill, there was a part that gave some of the committee members concern.
A line in the bill stated that “the court may award the prevailing party attorneys fees and costs.”
Weiler said that was added as a way to “level the playing field” against potential abuses by lawsuit-happy attorneys. It was also added as a compromise with certain parties concerned about the bill, he said.
Rep. Ken Ivory, R-West Jordan, said he appreciated the warning given to potential plaintiffs but also sees it as a disincentive for anyone to pursue a lawsuit. He asked if Weiler would be willing to strike that part out of the bill.
“If we strip this out, in the committee, I think you on the House floor … are going to get lobbied to death to kill the bill,” Weiler said. If the committee does vote to purge the language, he asked that they consider adding it back in on the House floor.
Prior to the committee vote, Rep. Mike McKell, R-Spanish Fork, motioned the committee pass a substitute of the bill striking the line calling for attorneys fees and costs to the prevailing party in a lawsuit.
“I can’t imagine sending a family up against a billion-dollar industry and expect them to lose their house, their livelihood in this kind of battle,” McKell said.
The substitute bill passed 8-3 vote delivering a favorable recommendation from the committee. It now goes to the House floor.
Rep. V. Lowry Snow, R-St. George, who serves on the House Judiciary Committee, voted in favor of the bill.
Resources
- Read the bill: 2017 Senate Bill 185, Cause of Action for Minors Injured by Pornography, 1st Substitute
- To contact your legislators:
- Bill sponsor: Sen. Todd Weiler | Co-sponsor: Rep. Keven Stratton
- Southern Utah Sens. Ralph Okerlund, Don Ipson, Evan Vickers and David Hinkins | Listing of all senators.
- Southern Utah Reps. Walt Brooks, Merrill Nelson, Brad Last, John Westwood, Mike Noel, V. Lowry Snow and Jon Stanard | Listing of all members of the House of Representatives.
Read more: See all St. George News reports on Utah Legislature 2017 issues
Email: mkessler@stgnews.com
Twitter: @MoriKessler
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