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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: COM DP 9-0-2-0 |
HB 2192: video content; minors; employment; compensation
Sponsor: Representative Willoughby, LD 13
House Engrossed
Overview
Establishes requirements for content creators who include minors in video content.
History
A person commits sexual exploitation of a minor by knowingly: 1) recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; 2) distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; 3) possessing, manufacturing, distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that uses the face, image or likeness of a real infant or minor who is under twelve years of age with the intent to replicate the physical features of that real infant or minor; or 4) observing a nude minor for the purpose of engaging in sexual conduct for the person's sexual gratification. Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime against children if the minor is under 15 years old (A.R.S. § 13-3553).
The federal Communications Decency Act determines that providers of interactive computer services cannot be treated as the publisher or speaker of information provided by another content creator. Under this act, providers are not liable for any action taken in good faith to restrict access to material they consider obscene or objectionable.
Provisions
Compensation to Minors
1. Stipulates minors who are included in video content must be compensated if outlined criteria are met. (Sec. 1)
2. Entitles a minor who is at least 13 years of age to all compensation for their video content in which they produced, created and published. (Sec. 1)
3. Instructs content creators who feature a minor in their video content to maintain specified records until the minor's age of 21. (Sec. 1)
4. Requires content creators, at regular intervals, to provide the minor a notice of the existence of the records which must be readily accessible to the minor for review. (Sec. 1)
Trust Accounts
5. Requires content creators to compensate minors featured in their video content and deposit gross earnings on the video content that include the minor in a trust account until the minor is at least 18 years of age. (Sec. 1)
6. Outlines the trust account requirements. (Sec. 1)
7. Provides for the percentage of gross earnings be distributed to minors based on the number of minors who meet the specified criteria for compensation. (Sec. 1)
8. Exempts a party from trust account provisions that is not a content creator or a minor who is engaged in the work of video content. (Sec. 1)
Video Content Removal
9. Provides for the instruction and requirements for the deletion of or edits to a content creator's video content from an online hosting platform. (Sec. 1)
10. Prevents an online hosting platform from being a party to the action against a content creator if the action complies with specified requirements. (Sec. 1)
11. Requires an online hosting platform to review and take steps to remove the content from the platform if the content creator fails to act within 30 days of a request, unless:
a. the individual who was featured in the content creator's video content as a minor does not submit sufficient, accurate information;
b. the online hosting platform finds that the video content is sufficiently newsworthy or of other public interest that outweighs the privacy interests of the minor involved; or
c. an online hosting platform is not liable for good faith determinations. (Sec. 1)
12. Stipulates that online hosting platforms are not liable for claims based on good faith removal of content, even if the individual's request was made in error or bad faith. (Sec. 1)
13. Includes that the content removal requirements do not:
a. impose liability on an online hosting platform for content that is created by a third party; and
b. impose liability for conduct that is consistent with the federal Communications Decency Act.
Sexual Depiction of Minors
14. Declares it unlawful to financially benefit from knowingly or intentionally producing or distributing publicly any visual depiction of a minor with the intent to sexually gratify or elicit a sexual response in the viewer or any other person. (Sec. 1)
15. Mandates online hosting platforms to develop and implement a risk-based strategy to help mitigate risks related to the monetization of the knowing and intentional sexualization of a minor who is included in video content. (Sec. 1)
16. Outlines content that may be included in the risk-based strategy. (Sec. 1)
17. Details information that online hosting platforms must make publicly available. (Sec. 1)
18. Adds the provisions relating to sexual depiction of minors do not:
a. affect any lawfully authorized investigative or protective or intelligence activity of law enforcement or intelligence agency;
b. apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal, professional or other lawful obligation;
c. apply in the case of a document production or filing associated with a legal proceeding;
d. apply to an online hosting platform with regard to content provided by content creators unless the online hosting platform intentionally solicits or knowingly and predominantly distributes unlawful content; and
e. impose liability in a manner that is inconsistent with federal law. (Sec. 1)
Court Proceedings
19. Authorizes a minor to bring an action to enforce the requirements relating to compensation, record keeping, trust accounts, video content removal, sexual depiction of minors. (Sec. 1)
20. Allows the court to award specified damages to a prevailing minor. (Sec. 1)
Miscellaneous
21. Specifies the trust account, content removal and sexual depiction of minors provisions do not affect a right or remedy available under any other state or federal law. (Sec. 1)
22. Defines pertinent terms. (Sec. 1)
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26. Initials PB HB 2192
27. 2/23/2026 Page 0 House Engrossed
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