UPDATED: Michigan Legislators Propose Online Porn Ban

UPDATED: Michigan Legislators Propose Online Porn Ban

LANSING, Mich. — Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

HB 4938, introduced last week by six Republican members of the state House of Representatives, would “prohibit the distribution of certain material on the internet that corrupts the public morals.”

Pornography is the principal target, though the bill also seeks to criminalize depictions of transgender people.

The bill defines “pornographic material” broadly, to include “any content, digital, streamed, or otherwise distributed on the internet, the primary purpose of which is to sexually arouse or gratify, including videos, erotica, magazines, stories, manga, material generated by artificial intelligence, live feeds, or sound clips.”

The bill appears to exempt from the ban material protected by the First Amendment. Since pornography is constitutionally protected speech, this makes it unclear how the legislation could actually work.

According to the law, "prohibited material" means "material that at common law was not protected by adoption of the First Amendment to the Constitution of the United States respecting laws abridging freedom of speech or of the press."

XBIZ spoke with adult industry attorney and First Amendment expert Corey D. Silverstein to attempt to explain what this meant.

"I think they are trying to say that it would not be applicable to content not deemed as obscene under the Miller test," he said. "But it is written so poorly that there is some uncertainty as to their angle, which also makes the proposal both vague and ambiguous.

"At the same time, it could be another attempt to undercut and soften the Miller test, which we have been seeing in various other states throughout the country," he added.

The proposed penalties in the bill are severe, including up to 20 years in prison or a fine of up to $100,000, or both. It also allows for civil fines of up to $500,000 per violation.

The bill would require internet service providers to implement “mandatory filtering technology” to prevent Michigan residents from accessing “prohibited material” as defined in the bill, to “actively monitor and block known circumvention tools,” and to block access to specific websites on receipt of a court order.

The bill calls for the state attorney general to establish “a special internet content enforcement division” staffed with “digital forensics analysts, legal experts, cybersecurity specialists, and investigators” to enforce the proposed law.

Silverstein added that he doesn't believe the bill has much of a chance at being adopted.

"This bill has virtually no chance of going anywhere, given the current makeup of the Michigan legislature and its far-left Democrat governor," he said. "The bill is unconstitutional at every turn. Regardless, it is alarming that this type of thinking and government waste continues to occur."

The bill was referred to the Committee on Judiciary.

Talk of porn bans has increased in recent months. Earlier this year, Republican Senator Mike Lee of Utah introduced federal legislation that would redefine almost all visual depictions of sex as obscene and therefore illegal, a goal that was also laid out in the Heritage Foundation's Project 2025 policy blueprint, which has heavily guided the Trump administration’s agenda.

Update, Sept. 19: The bill’s reference to “known circumvention tools” includes VPNs, proxy servers and encrypted tunneling methods, which would make it nearly impossible to access adult content online within the state.

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