TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 38

LIABILITY FOR PUBLISHERS AND DISTRIBUTORS OF MATERIAL HARMFUL TO MINORS ON THE INTERNET

6-3804.  PRIVATE CAUSE OF ACTION. (1) Any person exposed to material harmful to minors in violation of section 6-3803, Idaho Code, including the parent or guardian of a child exposed to material harmful to minors, has standing to bring a civil action against any person or entity that is liable under section 6-3803, Idaho Code, provided that no lawsuit may be brought under this section against a provider or a user of an interactive computer service if such lawsuit would be preempted by 47 U.S.C. 230(c).

(2)  If a claimant prevails in an action brought under this section, the court shall award:

(a)  Injunctive relief sufficient to prevent the defendant from engaging in the conduct described in section 6-3803, Idaho Code;

(b)  Nominal and compensatory damages;

(c)  Statutory damages in an amount no less than ten thousand dollars ($10,000); and

(d)  Court costs and reasonable attorney’s fees.

(3)  Notwithstanding any other provision of law to the contrary, a person may bring an action under this section no later than four (4) years after the date the cause of action accrued.

(4)  Notwithstanding any other provision of law to the contrary, the following shall not be a defense to an action brought under this section:

(a)  Ignorance or mistake of law;

(b)  A defendant’s belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional;

(c)  A defendant’s reliance on any court decision that has been vacated, reversed, or overruled on appeal or by a subsequent court, even if that court decision had not been vacated, reversed, or overruled when the cause of action accrued;

(d)  A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought;

(e)  A defendant’s reliance on any federal statute, agency rule or action, or treaty that has been repealed, superseded, or declared invalid or unconstitutional, even if that federal statute, agency rule or action, or treaty had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;

(f)  Nonmutual issue preclusion or nonmutual claim preclusion;

(g)  Contributory or comparative negligence;

(h)  Assumption of risk;

(i)  Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by section 6-3805, Idaho Code.

(5)  This chapter may not be construed to impose liability on speech or conduct protected by the first amendment to the constitution of the United States, as made applicable to the states through the supreme court of the United States’ interpretation of the fourteenth amendment to the constitution of the United States, or by section 9, article I of the constitution of the state of Idaho.

(6)(a)  Notwithstanding any other law to the contrary, neither the state nor any of its political subdivisions nor any district or county attorney, nor any officer or employee of this state or a political subdivision may:

(i)   Act in concert or participation with anyone who brings suit under this section;

(ii)  Establish or attempt to establish any type of agency or fiduciary relationship with a person who brings suit under this section;

(iii) Make any attempt to control or influence a person’s decision to bring suit under this section or that person’s conduct of the litigation; or

(iv)  Intervene in any action brought under this section.

(b)  This subsection does not prohibit a person or entity described by this subsection from filing an amicus curiae brief in the action as long as that person or entity does not act in concert or participation with the plaintiff or plaintiffs who sue under this section or violate any provision of this subsection.

(7)  Notwithstanding any other provision of law to the contrary, a court may not award costs or attorney’s fees to a litigant who is sued under this section.

(8)  Notwithstanding any other provision of law to the contrary, a civil action under this section may not be brought against any person or entity in response to conduct taken at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law if doing so would violate the doctrines of preemption or intergovernmental immunity.

(9)  Notwithstanding any other provision of law to the contrary, including section 5-514, Idaho Code, the courts of this state shall have personal jurisdiction over any defendant sued under this chapter to the maximum extent permitted by the fourteenth amendment to the constitution of the United States.

(10) Notwithstanding any other provision of law to the contrary, the law of Idaho shall apply to any civil action brought under this section, to the maximum extent permitted by the constitution of the United States and the constitution of the state of Idaho.

(11) Notwithstanding any other provision of law to the contrary, including Idaho rule of civil procedure 77, a civil action under this section may not be litigated on behalf of a plaintiff class or a defendant class, and no court may certify a class under Idaho rule of civil procedure 77 in any civil action brought under this section.

(12) Any waiver or purported waiver of the right to sue under this section or chapter shall be void as against public policy and shall not be enforceable in any court.

History:

[6-3804, added 2024, ch. 113, sec. 1, p. 489.]