New Law Regarding Pornography on Government Networks and Devices

North Carolina will soon have a new law, effective October 1, 2024, that prohibits local governments, state agencies, the judicial branch, and the legislative branch from allowing pornography to be viewed on their networks or devices. The law, found at Section 7 of S.L. 2024-26, establishes a deadline for government employees and officials to delete any pornography from their government devices, creates reporting requirements for unauthorized viewing or attempted viewing of pornography, and requires public agencies (including units of local government and public school units) and the judicial and legislative branches to adopt policies governing the use of their networks and devices. It also contains some important exceptions for employees and officials who might need to view pornography (as that term is defined by this new law) as part of their official duties. How the Law Applies S.L. 2024-26 enacts a new section of the General Statutes: G.S. 143-805. The scope of this statute is sweeping. It applies to any “public agency” in North Carolina, which is defined at G.S. 143‑805(g)(5) as any of the following: all State agencies and offices of the members of the Council of State, including all boards, departments, divisions, constituent institutions of The University of North Carolina, community colleges, and other units of government in the executive branch; units of local government (as defined in G.S. 159-7); public authorities (as defined in G.S. 159-7); and public school units (as defined in G.S. 115C-5). As described in more detail below, many elements of the new law also [...]