TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 38

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

6-3805.  AFFIRMATIVE DEFENSES. (1) A defendant against whom an action is brought under section 6-3804, Idaho Code, may assert an affirmative defense to liability under this section if:

(a)  The imposition of civil liability on the defendant will violate constitutional or federally protected rights that belong to the defendant personally; or

(b)  The defendant:

(i)   Has standing to assert the rights of a third party under the tests for third-party standing established by the supreme court of the United States; and

(ii)  Demonstrates that the imposition of civil liability on the defendant will violate constitutional or federally protected rights belonging to that third party.

(2)  The defendant shall bear the burden of proving the affirmative defense that is provided for in subsection (1) of this section by a preponderance of the evidence.

(3)  Nothing in this chapter shall limit or preclude a defendant from asserting the unconstitutionality of any provision or application of Idaho law as a defense to liability under section 6-3804, Idaho Code, or from asserting any other defense that might be available under any other source of law.

History:

[6-3805, added 2024, ch. 113, sec. 1, p. 491.]