Last updated on July 23rd, 2024 at 09:37 am
Since 2022, lawmakers have passed or considered legislation to place age restrictions on websites containing adult content. These laws are part of an effort to protect minors using the internet from exposure to sexually explicit or potentially harmful content. However, there is concern about where the line is drawn in the balance of online privacy and the responsibility to keep children safe. The debate around this topic has quickly escalated, with Congress debating implementing age verification measures at a federal level and the U.S. Supreme Court considering challenging state laws.
Most of the age-verification laws enacted or proposed apply to websites where 1/3 or more of the content is deemed “harmful to minors.” While some websites easily qualify, many sites that offer a wide variety of content, rely heavily on user-generated content, or feature content that is not sexually explicit have less clarity on how these laws will affect them. Below is the current status of age verification laws for websites containing adult content.
States with age restriction laws
| State | Bill Number | Status |
| Arkansas | Act 612 | Passed – Effective 04/11/2023 |
| Florida | HB 3 | Passed – Effective 01/01/2025 |
| Indiana | SB 17 | Passed, blocked by federal judge |
| Louisiana | Act No. 440 | Passed – Effective 01/01/23 |
| Mississippi | SB 2346 | Passed – Effective 07/01/2023 |
| Montana | HB 0234 | Passed – Effective 05/10/23 |
| North Carolina | H 8 | Passed – Effective 01/01/2024 |
| Texas | HB 1181 | Passed – Effective 09/01/23 |
| Utah | SB 287 | Passed – Effective 05/03/2023 |
| Virginia | SB1515 | Passed – Effective 05/12/23 |
Why is pornhub not banned in Louisiana?
Some platforms, including Pornhub, have chosen to prevent all users from their content in certain states. One Virginia state Senator, who voted in favor of the state’s age verification bill, took to posting on X when she realized the platform was no longer available to her, asking “Is anyone else’s Pornhub not working?”
It may come as a surprise that Pornhub is available to adult users in Louisiana. Louisiana has led the charge on this legislation, it was the first state to enact a law mandating that websites hosting substantial adult content verify users are over 18 years old. Users in Louisiana are able to access Pornhub by using the state’s digital ID service, LA Wallet, in conjunction with an online age verification provider.
While Ethical Capital Partners, Pornhubs owner, has stated that traffic to the site has drastically dropped since the age verification regulations have been in effect, the site is still accessible in Louisiana.
What are the risks of not verifying age in states where age verification laws have been enacted?
Failure to comply with these newly enacted laws can lead to legal liabilities, usually in the form of fines. These vary by state but currently include:
- Liability for damages: Sites can be sued for damages if minors access adult content on their platforms. Offenders could be held liable for up to $10,000 per minor affected.
- Fines: Sites can be fined as much as $5,000 per day for lacking age verification.
Proposed legislation could add escalated risks for non-compliance, including:
- Criminal liability: Indiana, Tennessee, and Illinois have proposed including criminal charges in their legislation.
- Suspension of operations: Authorities could order the suspension or restriction of non-compliant websites.
What’s next for age verification of adult content online?
There is still much to be discussed in the states where legislation is pending, and even in states where the laws have been passed, certain trade association groups, including the Free Speech Coalition, an association for the adult entertainment industry, as well as NetChoice, whose members include TikTok, Meta, and X, have brought lawsuits against the age verification laws. These have escalated to the federal level, with the Supreme Court saying on July 2, 2024 that it would consider challenging Texas’s law requiring age verification for pornographic websites.
It is also worth noting that age verification measures can easily be circumvented by using a VPN (virtual private network). VPNs allow people to have a private, encrypted connection online and can make the user appear as if they are accessing the website from a location other than the state in which access is prohibited. According to ExpressVPN, VPN search interest surged by 1700% in a single day in Texas after Pornhub was blocked in the state.
While it is not our place to debate the ethics of the laws, we will be continually updating our IDLaws portal, as well as this blog with any updates or changes to the current or pending laws. Be sure to follow along for more information.
