New Indecency Legislation Expected

WASHINGTON — Even staunch supporters admit they face major 1st Amendment issues with new indecency legislation being bantered around Washington this week, but with several new initiatives announced during Thursday’s Senate Commerce Committee hearing on Internet pornography, it’s clear that indecency laws are heading for a change.

“Whatever we reach by consensus is going to happen now,” Chairman Ted Stevens, R-Alaska, said at the hearing. “[But] whatever we mandate is going to go to court.”

The biggest pressure from lawmakers at the hearing has so far fallen on the TV industry, which is why Stevens invited TV industry executives to the hearing in the hopes of hashing out a voluntary self-policing plan that would avoid the need for further legislation.

So far, four content regulation bills remain stalled in his committee, including one that would increase penalties for indecency from $32,500 to $500,000, capping the maximum charged at a whopping $3 million a day. Another proposed bill, S. 616, targets video distributors, giving the Federal Communications Commission 60 days to figure out if children are protected by current distribution technology on a case by case — company by company — basis.

If after 60 days the distributors are found at fault, the bill would allow the FCC to further penalize an infringing company.

The only bill to spur active involvement from broadcasters so far is S. 946, which would require a major increase in the amount of “kid friendly” programming currently available. EchoStar, for example, which owns the Dish Network satellite system, announced during Thursday's hearing a new “DishFamily” network, which would offer 32 “family programming” channels.

Representatives at Ad Council also made it known during the hearing that the Council would create public service announcements to educate consumers on content blocking technology, including PSA’s on the infamous V-chip. Furthermore, broadcasters plan to display a TV program’s content rating during every commercial break, rather than merely during the opening of the show as is done now.

“Every parent in America has the total power to control all the television that is dispatched to their homes,” said former movie lobby chief Jack Valenti, who helped organize the Ad Council initiative.

Valenti, a strong proponent of self-policing in the industry, warned legislators that indecency laws were a dangerous water to tread.

“Don't torment and torture the 1st Amendment,” he said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SWR Data Publishes 'Creator Income' Report

Adult industry market research firm SWR Data has published a report on creator incomes.

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches WebXR-Enabled Site

VirtualRealPorn has officially launched its new site, built on Web Extended Reality (WebXR) technology.

Show More