Criticism Escalates for N.Y. Porn Tax Proposal

ALBANY, N.Y. — In light of a $15 billion state budget deficit, N.Y. Gov. David Paterson (D) has proposed an additional 4 percent tax on all "digitally delivered entertainment services," including online adult content.

Following the proposition, the "iPod tax" was immediately met with criticism from not only the adult entertainment industry, which has largely dismissed the tax as a publicity stunt, but also from the conservatives, who fear that such a tax would "legitimize" the downloading and viewing of adult content.

"You're sending a message to children, and you're sending a message to teenagers: If you're taxing it, how can it be wrong?" said state Conservative Party Chairman Michael Long. "I don't know how you can sink much deeper."

David Lazarus, a business columnist for the Los Angeles Times, also criticized the tax, calling it "knuckleheaded" and "incredibly shortsighted," but disagreed with Long's point about legitimization.

"When it comes to online porn," Lazarus told XBIZ, "the critics seem to be misplaced when they say this would legitimize the practice that many feel is wrong. The simple fact is that if it's something that millions of people are already using, it's already legitimized."

Diane Duke, executive director of the Free Speech Coalition, added that, "A tax focused on adult entertainment is a tax on expression plain and simple. Having to pay extra just because some folks don’t like our message is censorship - whether on a page or online, censorship is censorship."

Paterson's proposed tax is the most recent of a seemingly popular trend in that it follows similar propositions in California and more recently, Washington.

Washington's porn tax, recently proposed by state Rep. Mark Miloscia (D), would impose an 18.5 percent tax increase on all products and services that "are primarily oriented to an interest in sex," with the exception of online adult material.

The proposed 25 percent porn tax in California, issued by Assembly Member Charles Calderon (D) in 2008, was rejected because the majority feared the adult entertainment industry would leave the state and take its billions with it, particularly since Southern California's San Fernando Valley is considered by many to be the "porn capital of the world."

Lazarus agrees that imposing a tax increase on Internet porn in New York could have a negative impact on the state.

"New York's loss would almost certainly be Southern California's gain," he said. "[The tax] will only apply to New York companies, so in theory, any online porn merchant closes down in New York and moves out to the thriving Southern California porn industry. People will continue moving away from the tax. If you tax New York, they will move to California; if you tax California and Washington and all the other states, they will move to France. And with online porn, it doesn't really matter where you are."

He added that the main problem with Paterson's iPod tax, as well as the other proposed statewide taxes, is that they are "isolated to one state. It's not like porn is going to go away. It's simply going to find the path of the least resistance."

Related:  

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

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

2026 XBIZ Conference Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Dreamcam Rolls Out Browser-Based Passthrough VR

Dreamcam has introduced passthrough VR to its livestreaming platform.

2026 TEAs Nominees Announced

Nominees for the 2026 Trans Erotica Awards (TEAs), presented by Clips4Sale, have been announced. The ceremony will return to the Avalon in Hollywood on Sunday, March 8.

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French tech startup Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Show More