Backpage Wins TRO Over Wash. Age-Verification Law

SEATTLE — A federal judge has sided with Backpage.com over a Washington state child sex-trafficking law that would require online publishers to verify the age of those shown in sex ads.

Backpage.com's parent company, Village Voice Media, had claimed the law, which was due to take effect today, "would bring the practice of hosting third-party content to a grinding halt."

U.S. District Judge Ricardo Martinez in Seattle this week granted a temporary restraining order to put a halt to the statute, ruling that he'd hear arguments over it at a preliminary injunction hearing June 15.

SB 6251 would force, by threat of five years imprisonment and a $10,000 fine per violation, websites to become the government’s censors of user content, Backpage attorneys said in the suit filed Monday.

"The law expressly states that it is not a defense that the defendant did not  know that the image was of a minor," Backpage counsel said. "Instead, to avoid prosecution, the defendant must  obtain governmental or educational identification for the person depicted in the post.

"This means that every service provider — no matter where headquartered or operated — must review each and every piece of third-party content posted on or through its service to determine whether it is an 'implicit' ad for a commercial sex act in Washington, and whether it includes a depiction of a person, and, if so, must obtain and maintain a record of the person’s ID."

In the suit, Backpage said that SB 6251 contravenes Section 230 of the Communications Decency Act, which prohibits Internet service providers from being treated as the publisher or speaker of any information provided by a third party.

Backpage also said that the state was trampling on the Constitutional rights because the statute imposes strict criminal liability on speech and that the Commerce Clause prohibits states from passing and enforcing legislation that regulate activity beyond the state’s borders.

Backpage, its counsel say, has resisted demands to eliminate its adult category, maintaining that selective online censorship is not a solution to trafficking and child exploitation and that technology and responsible leadership in businesses can help address these problems.

Backpage counsel noted that other states are poised to follow Washington’s lead. A similar law will soon take effect in Tennessee, and the legislatures in New York and New Jersey are considering analogous bills.

View Backpage's complaint

Copyright © 2024 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

Fleshy to Launch Interactive Cam Site 'Eremote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eremote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Byborg Invests $22.35M in PLBY Group

Luxembourg-based Byborg Enterprises SA is investing $22.35 million in Playboy parent company PLBY Group.

Supreme Court to Hear Oral Arguments on Texas AV Law in January

The United States Supreme Court has scheduled oral arguments for Free Speech Coalition's challenge to Texas’ age verification law to take place Wednesday, Jan. 15.

2025 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2025 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 15 in conjunction with the XBIZ 2025 conference.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Show More