Current through the 2024 Fourth Special Session
Section 78B-6-2102 - Exemptions(1) If the conditions of Subsection (2) are met, this part does not apply to: (a) the following, as defined in the Communications Act of 1934, as amended: (i) an interactive computer service;(ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or(iii) a multichannel video programming distributor;(b) an Internet service provider;(c) a provider of an electronic communications service;(d) a distributor of Internet-based video services;(e) a host company as defined in Section 76-10-1230; or(f) a distributor of electronic or computerized game software that users manipulate through interactive devices.(2) This part does not apply to an entity described in Subsection (1) if: (a) the distribution of pornographic material by the entity occurs only incidentally through the entity's function of: (i) transmitting or routing data from one person to another person;(ii) providing a connection between one person and another person; or(iii) providing data storage space or data caching to a person; and(b) the entity does not intentionally aid or abet in the distribution of the pornographic material.Amended by Chapter 168, 2024 General Session ,§ 1, eff. 5/1/2024.Added by Chapter 464, 2017 General Session ,§ 3, eff. 5/9/2017.