Kentucky HB 278

Law took effect July 15, 2024

Age verification mandate. Relevant features:

• Enforcement: private right of action to recover:
  • Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and
  • Actual damages, court costs, and reasonable attorney's fees.
• Age verification mechanisms allowed:
  • State-issued form of identification, including but not limited to an operator's license or personal identification card issued under KRS Chapter 186 that establishes age;
  • Identification issued by any agency of the United States government that establishes age; or
  • Any commercially reasonable method of identification that relies on public or private transactional data to verify that the person attempting to access the matter is at least eighteen (18) years of age or older;
• Applies to any for-profit websites for which it is “in the regular course of trade or business to create, host, or make available content that meets the definition of matter harmful to minors”