Bill would allow lawsuits against child porn websites

The Judiciary Committee heard testimony Feb. 19 on a bill that would allow individuals depicted in or exposed to obscene material or child sexual exploitation content to sue entities that distribute such material online.

LB978, introduced by Whitman Sen. Tanya Storer, would allow individuals depicted in or exposed to obscene material, child sexual abuse material or content promoting child sexual exploitation to sue entities that intentionally distribute such content on publicly available websites. The bill also would ban the sale or distribution of child sexual exploitation devices.

A child exploitation device is defined as an anatomically correct mannequin, robot, doll, device or image that has the features of a minor and is intended for use in sexual acts.

Under the bill, internet providers would not be held liable solely for offering access or connection services unless they actively create, develop or intentionally distribute illegal content. The attorney general could bring civil actions to stop violations, and civil penalties of up to $10,000 per violation could be enforced by the attorney general or county attorneys.

Currently, Storer said, individuals depicted in child sexual abuse material and obscene content have no legal recourse against websites that publish or profit from it. She said LB978 would allow those harmed to sue website owners for damages and removal of illegal content, and the threat of lawsuits could encourage sites to proactively limit such material.

“We need every available tool to rein in these heinous materials,” Storer said. “Given the extreme and degrading nature of obscenity and child sexual abuse material and the scope of the problem, the need for a civil remedy for victims is urgent.”

Trey Dellinger testified in support of LB978 on behalf of AFA Action, the government affairs arm of the American Family Association. He said the measure is urgently needed to respond to predators who lure children through social media and video games.

The U.S. hosts more child sexual abuse material online than any other country, Dellinger said, with Nebraska alone reporting more than 6,600 cases in 2024.

“We’re told that child sexual exploitation is just the price we pay for living in the internet age, that we’re powerless to solve this problem,” Dellinger said. “But we don’t have to accept that.”

Nate Grasz also supported the bill on behalf of the Nebraska Family Alliance. Behind every statistic regarding online child sexual abuse is a real child whose exploitation is recorded, uploaded and monetized, he said.

“[LB978] isn’t about frivolous lawsuits. This is about recognizing that when a child’s abuse is distributed online, the harm doesn’t end when the camera stops,” Grasz said. “And we need every tool at our disposal to fight it.”

Representing the Nebraska Association of Trial Attorneys, Elizabeth Govaerts spoke in favor of LB978, saying the measure would hold social media and AI platforms as well as porn websites accountable for harmful sexual content.

No one testified in opposition to the proposal and the committee took no immediate action on it.