HB 1058

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1058
     BY REPRESENTATIVE(S) Slaugh and Lukens, Camacho, Clifford,
     Duran, Froelich, Hamrick, Lieder, Lindsay, Nguyen, Paschal, Rutinel,
     Smith, McCluskie, Brown, Joseph, Marshall, McCormick, Phillips;
     also SENATOR(S) Ball and Wallace, Benavidez, Cutter, Exum,
     Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Snyder, Weissman, Coleman.
     CONCERNING PROTECTIONS FOR MINORS WHO ARE FEATURED IN DIGITAL
          CONTENT.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, add article 12.5 to title
     8 as follows:
                                  ARTICLE 12.5
                 Protection for Minors Featured in Digital Content
             8-12.5-101. Definitions.
           AS USED IN THIS ARTICLE 12.5, UNLESS THE CONTEXT OTHERWISE
     REQUIRES:
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
       (1) "BANK" HAS THE MEANING SET FORTH IN SECTION 11-101-401
(5).
      (2) (a) "CONTENT CREATOR" MEANS A PARENT OR LEGAL GUARDIAN
WHO CREATES ONLINE CONTENT IN EXCHANGE FOR COMPENSATION,
INCLUDING A PARENT OR LEGAL GUARDIAN WHO IS A VLOGGER, PODCASTER,
ONLINE INFLUENCER, OR STREAMER.
       (b)"CONTENT CREATOR" DOES NOT INCLUDE A MINOR WHO
PRODUCES THEIR OWN ONLINE CONTENT.
       (3) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OLD.
      (4) "NEWS ORGANIZATION" MEANS AN ENTITY WHOSE PRIMARY
PURPOSE IS THE PUBLICATION OR DISSEMINATION OF NEWS, SPORTS, OR
OTHER EDITORIAL CONTENT SELECTED BY THE PUBLISHER, RATHER THAN
USER-GENERATED CONTENT.
       (5) "ONLINE CONTENT" MEANS CONTENT IN AN AUDIO, IMAGE, OR
VIDEO FORMAT SHARED ON AN ONLINE HOSTING PLATFORM IN EXCHANGE
FOR COMPENSATION.
       (6) (a)  "ONLINE HOSTING PLATFORM" MEANS A PUBLIC OR
SEMIPUBLIC INTERNET-BASED SERVICE OR APPLICATION THAT HAS ACCOUNT
HOLDERS IN COLORADO AND THAT MEETS THE FOLLOWING CRITERIA WITH
RESPECT TO ACCOUNT HOLDERS:
       (I) THE SERVICE OR APPLICATION CONNECTS ACCOUNT HOLDERS TO
ALLOW THEM TO INTERACT WITH EACH OTHER WITHIN THE SERVICE OR
APPLICATION;
      (II) THE SERVICE OR APPLICATION PERMITS PUBLIC POSTING OF
ACCOUNT HOLDER-GENERATED CONTENT WITHOUT VISIBILITY BEING
LIMITED TO A PARTICULAR SOCIAL GRAPH; AND
     (III) THE SERVICE OR APPLICATION PERMITS INTERACTION WITH
OTHER ACCOUNT HOLDERS' CONTENT OUTSIDE A LIMITED SOCIAL GRAPH,
INCLUDING CONTENT RECOMMENDED FROM PERSONS THAT THE ACCOUNT
HOLDER DOES NOT FOLLOW.
PAGE 2-HOUSE BILL 26-1058
      (b) "ONLINE HOSTING PLATFORM" DOES NOT INCLUDE:
      (I) AN INTERNET-BASED SERVICE OR APPLICATION OPERATED BY A
NEWS ORGANIZATION IN FURTHERANCE OF THE NEWS ORGANIZATION'S
PRIMARY PURPOSE;
      (II) A TELECOMMUNICATIONS SERVICE, AS DEFINED IN 47 U.S.C. SEC.
153 (53); OR
     (III) A BROADBAND INTERNET ACCESS SERVICE, AS DEFINED IN 47
CFR 54.400 (l).
      (7) "SOCIAL GRAPH" MEANS THE LIST OF PERSONS THAT AN ACCOUNT
HOLDER IS CONNECTED TO USING A FRIENDING FUNCTION OR SIMILAR
FUNCTION ON AN ONLINE HOSTING PLATFORM. SUBSCRIBING TO CONTENT
FROM ANOTHER ACCOUNT HOLDER DOES NOT CONSTITUTE A FRIENDING
FUNCTION.
      (8) "TRUST COMPANY" HAS THE MEANING SET FORTH IN SECTION
11-109-101 (11).
      (9) "UNIQUELY IDENTIFIABLE" MEANS THAT AN INDIVIDUAL, OTHER
THAN THE INDIVIDUAL SUBMITTING A PRIVACY REMOVAL REQUEST, COULD
IDENTIFY THE INDIVIDUAL SUBMITTING THE REQUEST AS DISTINCT FROM
OTHER INDIVIDUALS BASED ON PERSONAL IDENTIFYING INFORMATION,
INCLUDING IMAGE, VOICE, NAME, OR CONTACT INFORMATION.
        8-12.5-102. Compensation for content creation - minors engaged
in content creation - minor's own content creation - required records
- trust account.
      (1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A MINOR
IS CONSIDERED ENGAGED IN THE WORK OF CONTENT CREATION WHEN THE
FOLLOWING CRITERIA ARE MET AT ANY TIME DURING THE PREVIOUS
TWELVE-MONTH PERIOD:
      (I) AT LEAST THIRTY PERCENT OF THE CONTENT CREATOR'S ONLINE
CONTENT PRODUCED WITHIN A THIRTY-DAY PERIOD INCLUDES THE LIKENESS,
NAME, OR PHOTOGRAPH OF THE MINOR. ONLINE CONTENT PERCENTAGE IS
MEASURED BY THE PERCENTAGE OF TIME THE LIKENESS, NAME, OR
PAGE 3-HOUSE BILL 26-1058
PHOTOGRAPH OF THE MINOR VISUALLY APPEARS OR IS THE SUBJECT OF AN
ORAL NARRATIVE IN ONLINE CONTENT, AS COMPARED TO THE TOTAL LENGTH
OF TIME OF THE ONLINE CONTENT.
      (II) THE NUMBER OF VIEWS RECEIVED PER SEGMENT OF ONLINE
CONTENT ON AN ONLINE HOSTING PLATFORM MEETS THE ONLINE HOSTING
PLATFORM'S THRESHOLD FOR THE GENERATION OF COMPENSATION OR THE
CONTENT CREATOR RECEIVES ACTUAL COMPENSATION, INCLUDING
COMPENSATION FROM SPONSORSHIPS, FOR ONLINE CONTENT EQUAL TO OR
GREATER THAN TEN CENTS PER VIEW; AND
      (III) THE CONTENT CREATOR RECEIVES ACTUAL COMPENSATION FOR
ONLINE CONTENT IN AN AMOUNT OF AT LEAST FORTY THOUSAND DOLLARS.
     (b) A MINOR WHO IS FOURTEEN YEARS OLD OR OLDER MAY PRODUCE,
CREATE, AND PUBLISH THEIR OWN ONLINE CONTENT AND IS ENTITLED TO ALL
COMPENSATION FOR THEIR OWN CONTENT CREATION.
      (2) (a) ALL CONTENT CREATORS WHOSE ONLINE CONTENT FEATURES
A MINOR ENGAGED IN THE WORK OF CONTENT CREATION AS DESCRIBED IN
SUBSECTION (1)(a) OF THIS SECTION SHALL MAINTAIN THE FOLLOWING
RECORDS UNTIL THE MINOR TURNS EIGHTEEN YEARS OLD:
      (I) THE NAME AND DOCUMENTARY PROOF OF THE AGE AT WHICH THE
MINOR WHO IS ENGAGED IN THE WORK OF CONTENT CREATION STARTED
ONLINE CONTENT CREATING;
     (II) THE NUMBER OF POSTS FEATURING ONLINE CONTENT THAT
GENERATED COMPENSATION DURING THE REPORTING PERIOD;
      (III) THE TOTAL NUMBER OF MINUTES OF THE POSTS FEATURING
ONLINE CONTENT THAT THE CONTENT CREATOR RECEIVED COMPENSATION
FOR DURING THE REPORTING PERIOD;
      (IV) THE TOTAL NUMBER OF MINUTES THE MINOR WAS FEATURED IN
POSTS FEATURING ONLINE CONTENT DURING THE REPORTING PERIOD;
      (V) THE TOTAL COMPENSATION GENERATED FROM POSTS FEATURING
ONLINE CONTENT THAT FEATURE THE MINOR DURING THE REPORTING
PERIOD; AND
PAGE 4-HOUSE BILL 26-1058
      (VI) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE
BENEFIT OF THE MINOR ENGAGED IN THE WORK OF CONTENT CREATION, AS
REQUIRED BY SUBSECTION (3) OF THIS SECTION.
      (b) THE RECORDS REQUIRED BY THIS SUBSECTION (2) MUST BE
READILY ACCESSIBLE TO THE MINOR FOR REVIEW. THE CONTENT CREATOR
SHALL PROVIDE NOTICE TO THE MINOR OF THE EXISTENCE OF THE RECORDS.
      (c) IF A CONTENT CREATOR WHOSE POSTS FEATURING ONLINE
CONTENT FEATURE A MINOR ENGAGED IN THE WORK OF CONTENT CREATION
FAILS TO MAINTAIN THE RECORDS AS PROVIDED IN THIS SUBSECTION (2), A
CIVIL ACTION IN DISTRICT COURT MAY BE FILED ON BEHALF OF THE MINOR TO
ENFORCE THIS SECTION. THE COURT MAY AWARD A MINOR WHO PREVAILS IN
AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION THE FOLLOWING:
      (I) INJUNCTIVE RELIEF;
      (II) ACTUAL DAMAGES;
      (III) PUNITIVE DAMAGES; AND
     (IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND
COURT COSTS.
      (3) (a) A CONTENT CREATOR SHALL COMPENSATE A MINOR WHO IS
ENGAGED IN THE WORK OF CONTENT CREATION AS DESCRIBED IN
SUBSECTION (1)(a) OF THIS SECTION BY SETTING ASIDE GROSS EARNINGS ON
ONLINE CONTENT THAT INCLUDES THE LIKENESS, NAME, OR PHOTOGRAPH OF
THE MINOR INTO A TRUST ACCOUNT TO BE PRESERVED FOR THE BENEFIT OF
THE MINOR UPON REACHING THE AGE OF MAJORITY OR UPON A DECLARATION
THAT THE MINOR IS EMANCIPATED, EXCEPT FOR ANY MONEY DISTRIBUTED
PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION. THE GROSS EARNINGS
SHALL BE SET ASIDE ACCORDING TO THE FOLLOWING DISTRIBUTION:
      (I) IF ONLY ONE MINOR MEETS THE ONLINE CONTENT THRESHOLD
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, THE PERCENTAGE OF
GROSS EARNINGS ON ANY ONLINE CONTENT THAT INCLUDES THE LIKENESS,
NAME, OR PHOTOGRAPH OF THE MINOR THAT IS EQUAL TO OR GREATER THAN
FORTY PERCENT OF THE ONLINE CONTENT THAT INCLUDES THE MINOR, AS
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; OR
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      (II) IF MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION AND ANY SEGMENT OF
ONLINE CONTENT INCLUDES MORE THAN ONE OF THE MINORS, THE
PERCENTAGE DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS SECTION FOR ALL
MINORS IN ANY SEGMENT SHALL BE EQUALLY DIVIDED BETWEEN THE
MINORS, REGARDLESS OF DIFFERENCES IN PERCENTAGE OF CONTENT
PROVIDED BY THE INDIVIDUAL MINORS, AND PAID INTO A SEPARATE TRUST
ACCOUNT FOR EACH MINOR.
      (b) A CONTENT CREATOR SHALL ENSURE THAT A TRUST ACCOUNT
REQUIRED UNDER THIS SECTION MEETS THE FOLLOWING REQUIREMENTS:
      (I) THE MONEY IN THE ACCOUNT IS MADE AVAILABLE ONLY TO THE
MINOR ENGAGED IN THE WORK OF CONTENT CREATION;
      (II) THE TRUST ACCOUNT IS HELD BY A BANK OR TRUST COMPANY;
      (III) THE MONEY IN THE TRUST ACCOUNT WILL BECOME AVAILABLE
TO THE MINOR ENGAGED IN THE WORK OF CONTENT CREATION UPON THE
MINOR TURNING EIGHTEEN YEARS OLD OR UPON A DECLARATION THAT THE
MINOR IS EMANCIPATED;
      (IV) THE TRUST IS NOT REVOCABLE BY THE CONTENT CREATOR
WITHOUT THE CONSENT OF THE MINOR ENGAGED IN THE WORK OF CONTENT
CREATION; AND
     (V) THE ACCOUNT MEETS THE REQUIREMENTS OF THE "COLORADO
UNIFORM TRANSFERS TO MINORS ACT", ARTICLE 50 OF TITLE 11.
       (c) IF A CONTENT CREATOR KNOWINGLY OR RECKLESSLY VIOLATES
THIS SECTION, A CIVIL ACTION IN DISTRICT COURT MAY BE FILED ON BEHALF
OF THE MINOR TO ENFORCE THIS SECTION. THE COURT MAY AWARD A MINOR
WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION
THE FOLLOWING:
      (I) INJUNCTIVE RELIEF;
      (II) ACTUAL DAMAGES;
      (III) PUNITIVE DAMAGES; AND
PAGE 6-HOUSE BILL 26-1058
      (IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND
COURT COSTS.
      (d) IF, IN THE PRECEDING CALENDAR YEAR, A MINOR IS ENGAGED IN
THE WORK OF CONTENT CREATION AND MEETS THE CRITERIA DESCRIBED IN
SUBSECTION (1)(a) OF THIS SECTION FOR THE FIRST TIME, THE CONTENT
CREATOR SHALL ESTABLISH THE TRUST REQUIRED BY SUBSECTION (3)(a) OF
THIS SECTION ON OR BEFORE JANUARY 30 OF THE CALENDAR YEAR.
      (e) A COURT OF COMPETENT JURISDICTION MAY DISTRIBUTE MONEY
FROM A TRUST ACCOUNT REQUIRED BY SUBSECTION (3)(a) OF THIS SECTION
TO A CONTENT CREATOR PRIOR TO THE MINOR WHO IS THE BENEFICIARY OF
THE TRUST ACCOUNT REACHING THE AGE OF MAJORITY OR A DECLARATION
THAT THE MINOR IS EMANCIPATED UPON:
      (I) PETITION OF THE TRUSTEE; AND
      (II) A SUBSEQUENT FINDING BY THE COURT THAT THE MONEY WILL
ONLY BE USED FOR SPECIFIC EXPENSES THAT SOLELY BENEFIT THE MINOR
WHO IS THE BENEFICIARY OF THE TRUST ACCOUNT.
     (f) THIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY AVAILABLE
UNDER ANY OTHER LAW OF THE STATE.
      (g) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT A
PARTY THAT IS NEITHER THE CONTENT CREATOR NOR THE MINOR ENGAGED
IN THE WORK OF CONTENT CREATION.
      8-12.5-103. Privacy removals - private right of action.
      (1) AN ADULT OR AN EMANCIPATED MINOR WHO WAS FEATURED IN
A CONTENT CREATOR'S POST FEATURING ONLINE CONTENT AS A MINOR ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION MAY REQUEST THAT THE
CONTENT CREATOR DELETE THE POST FROM THE ONLINE HOSTING PLATFORM
OR EDIT THE POST TO REMOVE THE INDIVIDUAL'S PRIVATE INFORMATION IF
THE INDIVIDUAL IS UNIQUELY IDENTIFIABLE.
     (2) (a) AN ONLINE HOSTING PLATFORM SHALL PROVIDE AN EASILY
ACCESSIBLE MECHANISM THROUGH WHICH AN INDIVIDUAL CAN SUBMIT A
REQUEST PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR THE CONTENT
PAGE 7-HOUSE BILL 26-1058
CREATOR TO DELETE A POST FEATURING ONLINE CONTENT FROM THE ONLINE
HOSTING PLATFORM OR EDIT THE POST FEATURING ONLINE CONTENT TO
REMOVE THE INDIVIDUAL'S PRIVATE INFORMATION IF THE INDIVIDUAL IS
UNIQUELY IDENTIFIABLE. THE MECHANISM MAY INCLUDE TOOLS THAT
ENABLE AN INDIVIDUAL TO SUBMIT A REQUEST DIRECTLY TO THE CONTENT
CREATOR.
      (b) AN INDIVIDUAL SUBMITTING A REMOVAL REQUEST PURSUANT TO
THIS SECTION MUST INCLUDE ALL INFORMATION REASONABLY REQUESTED
TO IDENTIFY THE MINOR AND THE POST FEATURING ONLINE CONTENT,
INCLUDING INFORMATION TO VERIFY THAT THE INDIVIDUAL MAKING THE
REMOVAL REQUEST IS THE INDIVIDUAL FEATURED IN THE ONLINE CONTENT.
      (c) AN ONLINE HOSTING PLATFORM THAT DOES NOT PROVIDE A
MECHANISM TO ENABLE INDIVIDUALS TO SUBMIT A REQUEST DIRECTLY TO
THE CONTENT CREATOR SHALL NOTIFY THE RESPONSIBLE CONTENT CREATOR
WITHIN A REASONABLE TIME PERIOD AFTER THE SUBMITTAL OF A REMOVAL
REQUEST, AS SET BY THE ONLINE HOSTING PLATFORM, WHICH TIME PERIOD
MUST NOT EXCEED THIRTY DAYS.
      (d) A CONTENT CREATOR SHALL DELETE A POST FEATURING ONLINE
CONTENT FROM AN ONLINE HOSTING PLATFORM OR EDIT THE POST TO
REMOVE THE INDIVIDUAL'S UNIQUELY IDENTIFIABLE INFORMATION WITHIN
SEVENTY-TWO HOURS.
       (3) (a) IF A CONTENT CREATOR FAILS TO COMPLY WITH SUBSECTION
(2)(d) OF THIS SECTION WITHIN THIRTY DAYS AFTER RECEIVING THE
REMOVAL REQUEST, THE INDIVIDUAL WHO SUBMITTED THE REMOVAL
REQUEST MAY INITIATE A CIVIL ACTION AGAINST THE CONTENT CREATOR IN
DISTRICT COURT TO ENFORCE THIS SECTION. AN ONLINE HOSTING PLATFORM
IS NOT LIABLE FOR A VIOLATION OF SUBSECTION (2)(d) OF THIS SECTION IF
THE ONLINE HOSTING PLATFORM COMPLIES WITH SUBSECTIONS (2)(a) AND
(2)(c) OF THIS SECTION. THE COURT MAY AWARD AN INDIVIDUAL WHO
PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION THE
FOLLOWING:
      (I) INJUNCTIVE RELIEF;
      (II) ACTUAL DAMAGES;
PAGE 8-HOUSE BILL 26-1058
      (III) PUNITIVE DAMAGES; AND
     (IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND
COURT COSTS.
      (b) (I) IF A CONTENT CREATOR FAILS TO COMPLY WITH SUBSECTION
(2)(d) OF THIS SECTION WITHIN THIRTY DAYS AFTER RECEIVING THE
REMOVAL REQUEST, THE ONLINE HOSTING PLATFORM SHALL REVIEW AND
TAKE ALL REASONABLE STEPS CONSISTENT WITH THE ONLINE HOSTING
PLATFORM'S POLICIES TO REMOVE THE ONLINE CONTENT FROM THE ONLINE
HOSTING PLATFORM UNLESS:
      (A) THE INDIVIDUAL WHO WAS FEATURED IN THE CONTENT
CREATOR'S POST AS A MINOR DOES NOT SUBMIT SUFFICIENT, ACCURATE
INFORMATION IN THE REQUEST TO REMOVE THE CONTENT; OR
      (B)   THE ONLINE HOSTING PLATFORM FINDS THAT THE POST
FEATURING ONLINE CONTENT IS SUFFICIENTLY NEWSWORTHY OR OF OTHER
PUBLIC INTEREST TO OUTWEIGH THE PRIVACY INTERESTS OF THE INDIVIDUAL
WHO WAS FEATURED IN THE ONLINE CONTENT AS A MINOR. FOR THE
PURPOSES OF THIS SUBSECTION (3)(b)(II), CONTENT PUBLISHED BY A NEWS
ORGANIZATION IS PRESUMED TO BE NEWSWORTHY OR OF OTHER PUBLIC
INTEREST.
     (II) AN ONLINE HOSTING PLATFORM IS NOT LIABLE FOR A GOOD FAITH
DETERMINATION MADE IN RESPONSE TO THIS SUBSECTION (3)(b).
      (III) AN ONLINE HOSTING PLATFORM IS NOT LIABLE FOR ACTIONS
TAKEN IN RESPONSE TO THIS SUBSECTION (3)(b) BASED ON THE ONLINE
HOSTING PLATFORM'S GOOD FAITH RELIANCE ON THE INFORMATION
SUBMITTED AND REMOVAL OF CONTENT IDENTIFIED BY THE REQUESTING
INDIVIDUAL, REGARDLESS OF WHETHER THE INDIVIDUAL MADE THE REQUEST
IN ERROR OR BAD FAITH.
      (4) (a) THIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY
AVAILABLE UNDER ANY OTHER LAW OF THE STATE.
     (b) THIS SECTION SHALL NOT BE CONSTRUED TO IMPOSE LIABILITY IN
A MANNER THAT IS INCONSISTENT WITH THE FEDERAL "COMMUNICATIONS
DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.
PAGE 9-HOUSE BILL 26-1058
       8-12.5-104. Intentional sexualization of minors featured in
content creation - exceptions - private right of action - risk-based
strategy.
      (1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A
PERSON SHALL NOT FINANCIALLY BENEFIT FROM KNOWINGLY PRODUCING OR
DISTRIBUTING PUBLICLY, INCLUDING BY COMPUTER, ONLINE CONTENT OF A
MINOR WITH THE INTENT TO SEXUALLY GRATIFY OR ELICIT A SEXUAL
RESPONSE IN THE VIEWER OR ANOTHER PERSON.
      (2) (a) THIS SECTION DOES NOT APPLY TO:
      (I) LAWFULLY AUTHORIZED INVESTIGATIVE, PROTECTIVE, OR
INTELLIGENCE ACTIVITY OF A LAW ENFORCEMENT AGENCY OF THE UNITED
STATES, A STATE, OR A POLITICAL SUBDIVISION OF A STATE OR OF AN
INTELLIGENCE AGENCY OF THE UNITED STATES;
      (II) AN INDIVIDUAL WHO, ACTING IN GOOD FAITH:
      (A) REPORTS UNLAWFUL ACTIVITY; OR
     (B) ACTS IN PURSUANCE OF A LEGAL OR PROFESSIONAL OR OTHER
LAWFUL OBLIGATION;
      (III) A DOCUMENT PRODUCTION OR FILING ASSOCIATED WITH A
LEGAL PROCEEDING; OR
      (IV) AN ONLINE HOSTING PLATFORM WITH REGARD TO ONLINE
CONTENT PROVIDED BY CONTENT CREATORS UNLESS THE ONLINE HOSTING
PLATFORM INTENTIONALLY SOLICITS, OR KNOWINGLY AND PREDOMINANTLY
DISTRIBUTES, SUCH CONTENT.
     (b) THIS SECTION SHALL NOT BE CONSTRUED TO IMPOSE LIABILITY IN
A MANNER THAT IS INCONSISTENT WITH THE FEDERAL "COMMUNICATIONS
DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.
      (c) THIS SECTION DOES NOT IMPOSE LIABILITY ON AN ONLINE
HOSTING PLATFORM FOR CONTENT CREATED BY A THIRD PARTY AND DOES
NOT REQUIRE PROACTIVE MONITORING OF USER-GENERATED CONTENT.
PAGE 10-HOUSE BILL 26-1058
      (3) (a) IF A PERSON VIOLATES OR ATTEMPTS OR CONSPIRES TO
VIOLATE SUBSECTION (1) OF THIS SECTION, A CIVIL ACTION IN DISTRICT
COURT MAY BE FILED ON BEHALF OF THE MINOR AGGRIEVED BY THE
VIOLATION TO ENFORCE THIS SECTION. THE COURT MAY AWARD A MINOR
WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION
THE FOLLOWING:
      (I) ACTUAL DAMAGES;
      (II) PUNITIVE DAMAGES; AND
     (III) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND
COURT COSTS.
     (b) THIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY AVAILABLE
UNDER ANY OTHER LAW OF THE STATE.
      (4) (a)  AN ONLINE HOSTING PLATFORM SHALL DEVELOP AND
IMPLEMENT A RISK-BASED STRATEGY TO HELP MITIGATE RISKS RELATED TO
MONETIZATION OF THE INTENTIONAL SEXUALIZATION OF KNOWN MINORS
ENGAGED IN CONTENT CREATION. AN ONLINE HOSTING PLATFORM MAY
LEVERAGE EXISTING TRUST AND SAFETY SYSTEMS AND POLICIES TO SATISFY
THE REQUIREMENTS OF THIS SUBSECTION (4)(a).
       (b) AN ONLINE HOSTING PLATFORM SHALL DOCUMENT AND REASSESS
THE RISK-BASED STRATEGY DEVELOPED PURSUANT TO SUBSECTION (4)(a) OF
THIS SECTION ON A REASONABLE RECURRING BASIS AND MAY INCLUDE AT
THE SOLE DISCRETION OF THE ONLINE HOSTING PLATFORM COMMERCIALLY
REASONABLE:
      (I) POLICIES THAT GOVERN CONTENT AND RELATED MONETIZATION;
     (II) RESTRICTIONS OF FEATURES ON ONLINE CONTENT FEATURING
MINORS;
     (III) AUTOMATED SYSTEMS TO IDENTIFY AND ENFORCE AGAINST
POTENTIALLY PROBLEMATIC ONLINE CONTENT AND ACCOUNTS;
      (IV) GUARDRAILS TO MITIGATE AGAINST A RECOMMENDATION
SYSTEM UTILIZED BY AN ONLINE HOSTING PLATFORM RECOMMENDING
PAGE 11-HOUSE BILL 26-1058
ONLINE CONTENT CONTAINING SEXUALIZATION OF KNOWN MINORS; AND
      (V) QUALITY ASSURANCE PROCESSES RECURRING AT REASONABLE
INTERVALS TO ENSURE THAT THE RISK-BASED STRATEGY DEVELOPED
PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION IS WORKING AS INTENDED.
      (c)   AN ONLINE HOSTING PLATFORM SHALL ENSURE THAT
INFORMATION ABOUT ITS ONLINE CONTENT POLICIES, SETTINGS, AND BEST
PRACTICES FOR ONLINE CONTENT FEATURING MINORS IS PUBLICLY
AVAILABLE, UNDERSTANDABLE TO BOTH ADULTS AND MINORS, AND
INFORMED BY RESEARCH AND OUTSIDE EXPERTISE. THE INFORMATION MUST
INFORM CONTENT CREATORS THAT THEY MAY BE SUBJECT TO VARIOUS
LEGAL REQUIREMENTS AND EXPLAIN RISKS AND STEPS TO PROTECT MINORS
APPEARING IN POSTS FEATURING ONLINE CONTENT FROM EXPLOITATION.
        SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect June 1, 2027; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2026 and, in such case, will
take effect June 1, 2027.
PAGE 12-HOUSE BILL 26-1058
       (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 26-1058