Nothing in this Code section shall be construed to impose liability on an interactive computer service, as such term is defined in 47 U.S.C. Section 230(f)(2), or an information service or telecommunications service, as such terms are defined in 47 U.S.C. Section 153, for content provided by another person.
History. Code 1981, § 16-11-90 , enacted by Ga. L. 2014, p. 220, § 1/HB 838; Ga. L. 2015, p. 5, § 16/HB 90; Ga. L. 2020, p. 579, § 1/SB 337; Ga. L. 2021, p. 442, § 1/SB 78; Ga. L. 2021, p. 922, § 16/HB 497; Ga. L. 2022, p. 352, § 16/HB 1428.
The 2020 amendment, effective August 3, 2020, inserted “, including a falsely created videographic or still image” in paragraphs (b)(1) and (b)(2) and added the ending undesignated paragraph of subsection (b). See Editor’s note for applicability.
The 2021 amendments.
The first 2021 amendment, effective July 1, 2021, rewrote subsection (b); designated the existing provisions of subsection (c) as paragraph (c)(1); inserted “subparagraph (b)(1)(B) or (b)(2)(B) of” near the beginning of paragraph (c)(1); and added paragraph (c)(2). The second 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, in the ending undesignated language of subsection (b), substituted “47 U.S.C. Section 230(f)(2)” for “47 U.S.C. 230(f)(2)” and substituted “47 U.S.C. Section 153” for “47 U.S.C. 153”.
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraphs (b)(1)(A) and (b)(2)(A).
Editor’s notes.
Ga. L. 2020, p. 579, § 2/SB 337, not codified by the General Assembly, provides that the amendment of subsection (b) shall apply to all conduct occurring on or after August 3, 2020.
Cross references.
Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.
Libel and slander, C. 5, T. 51.
Law reviews.
For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).
For article, “Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Changing Faces: Morphed Child Pornography Images and the First Amendment,” see 68 Emory L.J. 909 (2019).