Walters: Fla. 'Revenge Porn' Bill Is Vague, Overbroad

TALLAHASSEE, Fla. — The Florida "revenge porn" bill cleared another commitee yesterday, advancing the piece of legislation past three House of Representatives panels and bumping up the possibility that the online adult biz will face more government regulation.

On Tuesday, Florida's Judiciary Committee, 16-0, voted to move HB 787 further along. The bill already has cleared by unanimous vote the Criminal Justice and Justice Appropriations Subcommittee. A companion bill in the Senate, SB 946, which mirrors HB 787, has passed two panels unanimously as well.

HB 787 "prohibits knowing use of [content] that depicts nudity and contains any of depicted individual's personal identification information or counterfeit or fictitious information purporting to be such personal identification information, without first obtaining depicted person's written consent."

Adult industry attorney Larry Walters, who heads up Walters Law Group, says his firm represents many adult clients who have expressed concern that the enactment of HB 787 would result in a variety of unintended consequences and increased legal exposure for their business operations.

Walters noted the proposed statute appears to be both vague and overbroad, in violation of the First and Fourteenth Amendments.

"When faced with a choice of continuing to enforce some level of publishing standards or incurring potential criminal liability under the proposed Florida statute, service providers may well dispense with any level of review or editorial moderation to avoid potential liability," Walters said in a legal memorandum last month. "This would result in the presumably unintended consequence of permitting the publication of widespread, un-moderated content on social networking sites throughout the nation.

"Alternatively, popular online service providers could choose not to make their services available in Florida, or to Florida residents. Notably, the statute seeks to assert jurisdiction over any violator if the harm to the victim’s privacy interests occurs in the State of Florida. Naturally, this would potentially include any website operator or social networking service that makes its content available in the State of Florida (i.e., nearly all of them.)."

The bill's proposal, authored by state Rep. Tom Goodson, R-Titusville, provides for enhanced penalties for violations involving the posting of victims younger than 16 years of age and would target perpetrators who reside out of state but post online content involving offended in-state residents.

Violators of HB 787, if passed, would be subject to a third-degree felony that is punishable by up to five years in prison, five years probation and a $5,000 fine.

View Larry Walters' memo on HB 787

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

Flirt4Free Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Flirt4Free in a case against a copycat website using an infringing domain.

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More