1. (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. (i) an interactive computer service;
      2. (ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or
      3. (iii) a multichannel video programming distributor;
   2. (b) an internet service provider;
   3. (c) a provider of an electronic communications service;
   4. (d) a distributor of internet-based video services;
   5. (e) a hosting company as defined in Section 76-5c-401; or
   6. (f) a distributor of electronic or computerized game software that users manipulate through interactive devices.

2. (2) This part does not apply to an entity described in Subsection (1) if:

   1. (a) the distribution of obscene animal abuse material or pornographic material by the entity occurs only incidentally through the entity's function of:

      1. (i) transmitting or routing data from one person to another person;
      2. (ii) providing a connection between one person and another person; or
      3. (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 obscene animal abuse material or pornographic material.

Amended by Chapter 255, 2026 General Session