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

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

Show More