mechanism, the website shall be unblocked within a reasonable
time, but in no event later than five business days after the
block is first reported. The following apply:
(1) A consumer may commence a civil action to unblock a
website that was wrongfully blocked by the filter.
(2) The prevailing party in the civil action may seek
attorney fees, costs and other forms of relief.
(b) Other remedies.--In accordance with section 5503(b)(2),
if a person who manufactures, sells, offers for sale, leases or
distributes a product that makes content accessible on the
Internet is unresponsive to report of a website displaying
content described in section 5503(a) that has breached the
filter, the Attorney General or a consumer may commence a civil
action. The following apply:
(1) The Attorney General or consumer may seek damages of
up to $500 for each website that was reported but not
subsequently blocked.
(2) The prevailing party in the civil action may seek
attorney fees, costs and other forms of relief.
(c) Unfair trade practices.--A retailer that fails to comply
with the duties under subsection (a) or (b) shall be deemed to
have engaged in unfair methods of competition and unfair or
deceptive acts or practices in violation of the act of December
17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
and Consumer Protection Law, and is subject to the penalties
under that act.
(d) Affirmative defense.--It shall be an affirmative defense
in a civil action to a charge of violating this chapter that the
dissemination of the content described in section 5503(a) was
limited to institutions or organizations having scientific,
20210HB1295PN1386 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30