GULFPORT, Miss. (WJTV) – A company is trying to block the implementation of a law that would require age verification and other measures on certain websites.
NetChoice filed suit in early June to block House Bill 1126, which goes into effect on Monday, July 1. House Bill 1126, also known as the Walker-Montgomery Child Online Protection Act, would require digital service providers to ask users to register their age, and for minors under the age of 18, to get parental permission before using the service.
The Act defines a digital service as any website, application, program, or software that uses an internet connection to collect or process personally identifiable information. The Act aims to limit children's access to harmful content online and reduce the possibility of harassment and exploitation.
HB 1126 is named after a boy who committed suicide after being sexually blackmailed on social media. A separate Mississippi law created sexual blackmail charges this year that is set to take effect Monday.
NetChoice represents the interests of several companies that could be affected by HB 1126, including Meta Platforms, Google and Amazon. Chris Marchese, director of the NetChoice Litigation Center, argues that the legislation is counterproductive and improperly seeks to solve the problem it is trying to solve.
“Unconstitutional laws are never the answer, especially laws that endanger the privacy and safety of Mississippians and infringe on their right to speech online,” Marchese said.
A statement from the office of Attorney General Lynn Fitch (R-Mississippi) offered a contrasting view to NetChoice's claims. Walker-Montgomery Children's Online Protection Act Serve the public interest by narrowly targeting specific types of harmful online content.
“Granting NetChoice any relief, especially the full relief it is seeking, would allow predators to continue terrorizing children,” Fitch's office said.
NetChoice said in a press release that courts have blocked similar laws in California, Ohio and Arkansas, and Marchese is confident a similar outcome will occur in Mississippi.
“Parents, not politicians, should decide what's best for their families,” Marchese said.
The federal court in Gulfport heard oral arguments Wednesday from NetChoice v. Mississippi, and the Attorney General's office told WJTV 12 News that U.S. District Judge Sal Ozerden will announce on Monday whether HB 1126 will go into effect.
