RALEIGH, N.C. — North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.
The governor’s veto message reveals that his opposition to HB 805 has little to do with protecting the First Amendment rights of adult websites, and more to do with tacked-on provisions unrelated to the adult industry. Those provisions include sections targeting transgender rights and enabling parents to block school libraries from lending their children books of which they do not approve.
“The initial version of House Bill 805 protected people from being exploited on pornographic websites against their will,” Stein writes. “I strongly support that policy.”
Instead of "preventing sexual exploitation," Stein continues, the General Assembly chose to engage in "divisive, job-killing culture wars."
"I stand ready to work with the legislature when it gets serious about protecting people,” Stein concludes.
As XBIZ reported last week after the North Carolina state legislature passed HB 805, titled the “Prevent Sexual Exploitation of Women and Minors Act,” the bill includes a requirement to verify performers’ ages and consent via a process that would significantly exceed federal record-keeping requirements under Section 2257.
It would also mandate explicit written consent for each individual sexual act in which a performer engaged during the creation of the content, as well as separate consent for distribution of the content.
Further, anyone appearing in adult content would be entitled to withdraw their consent at any time, regardless of any legal contract they might have signed. The site or platform would then be required to remove the content.
Industry advocates and stakeholders have warned that if passed into law, this legislation could create havoc in the adult industry by requiring an inaccessible level of documentation for previously published content and by effectively invalidating model contracts.
The Republican-controlled North Carolina legislature has now placed the bill “on call” for July 29, at which time legislators could attempt to override the veto. While the original votes on the bill fell short of the margins required to override a veto, that could change depending on votes from members who did not participate in the original vote.
In addition, Stein's veto message strongly suggests that he would support a future version of the bill if it lacks the added provisions not relating to the adult industry.
