Legislation to Ban Online Prostitution Advertising Advances

Legislation to Ban Online Prostitution Advertising Advances

WASHINGTON — A piece of legislation wending its way through Congress could make prostitution advertising a federal crime.

Yesterday, the House Judiciary Committee passed a new version of H.R. 1865, a bill that would allow federal authorities the ability to prosecute sites where sex workers advertise and communicate with clients — even if the sexual exchange is only alluded to and never completed.

An updated version of FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act), the bill would pave the way for civil liability, as well, for offending sites.

Yesterday, House Judiciary Committee Chairman Bob Goodlatte of Virginia said the bill "empowers prosecutors with new tools" to hold human traffickers accountable.

Specifically, the bill, authored by Rep. Ann Wagner of Missouri, would amend Section 230 of the federal Communications Decency Act, which bars liability for user-generated content.

Industry attorney Lawrence Walters, of Walters Law Group, said that the dismantling of Section 230 under FOSTA could create unforeseen perils for online companies.

“This bill is even more threatening to online innovation than the companion Senate bill, SESTA, S. 1693, since it would impose potential criminal liability for reckless conduct, without a showing of actual knowledge of illegal content,” Walters told XBIZ.

“Gutting Section 230 immunity in this way would result in unpredictable risks for sites that permit sexually oriented content,” Walters said. “Efforts to identify and remove illegal content could also lead to liability, which defeats the intent of the legislation.  

“While large operators that can afford advanced artificial intelligence content scanning systems may be able to manage the risks, a law like this will cause smaller sites and start-ups to shut down or never launch,” Walters said. “Overall, this would be a net negative for the marketplace of ideas."

H.R. 1865 is now headed to a full vote in the House of Representatives.

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

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More