§ 78B-6-2102 — Exemptions.

(1) If the conditions of Subsection (2) are met, this part does not apply to:
(1)(a) the following, as defined in the Communications Act of 1934, as amended:
(1)(a)(i) an interactive computer service;
(1)(a)(ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or
(1)(a)(iii) a multichannel video programming distributor;
(1)(b) an Internet service provider;
(1)(c) a provider of an electronic communications service;
(1)(d) a distributor of Internet-based video services;
(1)(e) a hosting company as defined in Section 76-5c-401; or
(1)(f) a distributor of electronic or computerized game software that users manipulate through interactive devices.
(2) This part does not apply to an entity described in Subsection (1) if:
(2)(a) the distribution of pornographic material by the entity occurs only incidentally through the entity's function of:
(2)(a)(i) transmitting or routing data from one person to another person;
(2)(a)(ii) providing a connection between one person and another person; or
(2)(a)(iii) providing data storage space or data caching to a person; and
(2)(b) the entity does not intentionally aid or abet in the distribution of the pornographic material.

Legislative History

Amended by Chapter 173, 2025 General Session