Mississippi Age Verification Law

SB 2346 requires users to prove they are at least 18 years old by presenting a digitized identification card or using a commercial age verification solution. The system must validate the user’s age using a government-issued ID or other commercially reasonable approach based on public or private transactional data.

The Mississippi Act exempts news or public interest broadcasts, reports, and events, as well as online sites that contain less than one-third of content harmful to children. Internet service providers, search engines, and cloud service providers are also not liable for providing access to content beyond their control.

The Act empowers the Federal Trade Commission to take legal action against apps, websites, or any other internet platform with features deceptively designed in ways that generally harm users within its age scope.

Entities who fail to execute reasonable age verification are liable for damages caused by minors accessing the material. This includes court costs and reasonable attorney’s fees. Additionally, fines apply for maintaining identifying information, whether by the commercial company itself or a third-party age verification provider.

The rule applies to a variety of company formations, including corporations, limited liability companies, partnerships, and sole proprietorships that operate websites with at least one-third of content deemed detrimental to minors. This comprises all the content served to users in Mississippi.

The age restriction might affect a wide range of information, including classic literature and LGBTQ-related items. In response to these concerns, the Mississippi Library Association collaborated with legislators to reduce the bill’s scope, ensuring that it only targets the most dangerous items. The bill was amended to protect libraries and digital content providers while continuing to safeguard minors from improper content.

As lawmakers attempt to address these issues, it’s crucial to note that similar laws have already been passed in other states like Utah, Louisiana, and mandated age verification may become unavoidable.

ID-based age verification will be employed and this can involve using third parties is ID-based age verification is comparable to identity verification. Users provide an identity paper and a selfie, which are biometrically matched for safe verification. Ondato’s system makes this process quick and easy, taking less than 60 seconds and enforcing a zero-tolerance attitude against fraud.