Texas and Indiana are at the forefront of a growing movement among states to implement stringent age verification laws for accessing adult content websites. These laws, aimed at protecting minors from exposure to sexually explicit material, have sparked significant controversy and legal battles, particularly over concerns related to privacy, censorship, and the effectiveness of these measures.
Texas Attorney General Targets Pornography Websites
Texas Attorney General Ken Paxton recently filed civil lawsuits against Multi Media, the owner of Chaturbate, and Hammy Media, the owner of xHamster, alleging that these companies are not complying with Texas House Bill 1181. This law, signed by Governor Greg Abbott in June 2023, requires websites containing “sexual material harmful to minors” to verify that users are at least 18 years old using government-issued identification, digital identification, or transactional data.
Paxton argues that simply asking users if they are at least 18 years old does not meet the law’s requirements. He is seeking permanent injunctions and substantial monetary damages, including $1.8 million from Multi Media and $1.7 million from Hammy Media, along with $10,000 for each day the companies remain non-compliant after the lawsuit filing.
Indiana’s Controversial Age Verification Law
Meanwhile, Indiana is preparing to enforce a similar age verification law that will require those who live there to upload sensitive documents, such as government IDs, to access adult content websites like Pornhub. This law, part of Senate Bill 17, has been defended by Indiana Attorney General Todd Rokita as necessary to protect children from the psychological and emotional harms associated with viewing pornography. However, the law has been met with significant backlash.
Critics, including the ACLU of Indiana and the Free Speech Coalition, argue that these laws infringe on the First Amendment and pose serious privacy risks. They point out that requiring users to upload sensitive personal information, such as driver’s licenses or Social Security numbers, creates the potential for criminal extortion, data breaches and identity theft. Alison Boden, executive director of the Free Speech Coalition, stated, “While they may sound reasonable on their face, laws like SB17 have effectively functioned as state censorship”.
Broader Implications and Legal Challenges
Indiana’s law has also raised concerns about its effectiveness. The ACLU of Indiana argues that the law will not prevent minors from accessing explicit content, as they can easily turn to websites not regulated by Indiana law or use technology like VPNs to bypass verification. Furthermore, the vague language of the law, which targets “material harmful to minors,” could be used to censor a wide range of content, including sex education and LGBTQ+ resources.
Indiana joins Texas and several other states, including Arkansas, Kansas, Louisiana, Mississippi, Montana, Utah, and Virginia, in passing similar age verification laws. These states are facing growing opposition from adult content creators, privacy advocates, and civil rights groups, who warn that these measures are not only ineffective but also dangerous to consumer privacy and freedom of expression.
As these legal battles unfold, the future of online content regulation remains uncertain. This has significant implications for the protection of minors and the rights of adults to access information freely and securely.
