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 © 2025 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

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Show More