Pennsylvania Act 2024-92 — CHILD INTERNET PROTECTION ACT - TITLE AND EDITORIAL CHANGES

Act text

Session of 2024

No. 2024-92

SB 187

AN ACT

Amending the act of November 30, 2004 (P.L.1556, No.197), entitled "An act providing for protection of children from obscene material, child pornography and other material that is harmful to minors on the Internet in public schools and public libraries; and providing for the duties of the Secretary of Education," further providing for title and for definitions; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title and section 2(1), (2) and (3) of the act of November 30, 2004 (P.L.1556, No.197), known as the Child Internet Protection Act, are amended to read:

AN ACT

Providing for protection of children from obscene material, child [pornography] sexual abuse material and other material that is harmful to minors on the Internet in public schools and public libraries; and providing for the duties of the Secretary of Education.

Section 2. Declaration of policy.

The General Assembly finds and declares as follows:

(1) The Commonwealth has a compelling interest and duty to protect children from exposure to obscenity, child [pornography] sexual abuse material and other material that is harmful to minors.

(2) The Commonwealth has a compelling interest in preventing any user from accessing obscene material and child [pornography] sexual abuse material within a public school or public library setting.

(3) There is a need to balance the goal of providing free access to educationally suitable information sources on the Internet against the compelling need and duty to protect children from contact with sexual predators and from access to obscene material, child [pornography] sexual abuse material and material harmful to children.

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Section 2. The definition of "child pornography" in section 3 of the act is amended and the section is amended by adding a definition to read:

Section 3. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Child pornography." [As described in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).] The term shall have the same meaning as child sexual abuse material.

"Child sexual abuse material." As described in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

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Section 3. Sections 4(a)(1) and (b) and 5 of the act are amended to read:

Section 4. School entity Internet policies.

(a) Acceptable-use policy.--Within 180 days after the effective date of this act, each school board shall adopt an acceptable-use policy for the Internet. At a minimum, the policy shall contain provisions which are reasonably designed to:

(1) Prevent students and employees of the school entity from using any computer equipment and communications services owned or leased by the school entity for sending, receiving, viewing or downloading visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors.

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(b) Implementation and enforcement.--The school board shall take such steps as it deems appropriate to implement and enforce the school entity's policy, which shall include, but need not be limited to:

(1) use of software programs reasonably designed to block access to visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors; or

(2) selection of online servers that block access to visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors.

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Section 5. Public library Internet policies.

(a) Acceptable-use policy.--Within 180 days after the effective date of this act, the governing body of each public library shall adopt an acceptable-use policy for the Internet. At a minimum, the policy shall contain provisions which are reasonably designed to:

(1) Prevent library patrons, including those patrons under 18 years of age and library employees, from using the library's computer equipment and communications services for sending, receiving, viewing or downloading visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors.

(2) Establish appropriate measures to be taken against library patrons and employees who willfully violate the policy.

(b) Implementation and enforcement of policy.--The governing body of the public library shall take such steps as it deems appropriate to implement and enforce the requirements of subsection (a). These steps shall include, but need not be limited to, the following:

(1) the use of software programs designed to block access by library patrons and employees to visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors; or

(2) the selection of online servers that block access by library patrons and employees to visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors.

(c) Immunity.--A public library shall not be subject to civil liability for damages to any person as a result of the failure of any approved software program or approved online server to block access to visual depictions of obscenity, child [pornography] sexual abuse material or material that is harmful to minors. Nothing in this section shall be deemed to abrogate or lessen any immunity or other protection against liability accorded to public libraries under existing law or court decision.

Section 4. This act shall take effect in 60 days.

APPROVED--The 20th day of July, A.D. 2024.