RALEIGH, N.C. — The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.
The announcement follows:
North Carolina’s Prevent Exploitation of Women and Minors Act requires operators of adult websites to remove content upon request of a performer, even if the performer signed a valid model release. It also requires producers to collect "explicit written evidence of consent for each act" performed, and claims to apply to content created before the law goes into effect on December 1, 2025.
The law is broad in its application, confusingly written, and appears to contradict existing federal law and long-established legal principles. This post breaks down key provisions of the law, but FSC recommends reviewing the specific language of the law with your legal advisor to evaluate your company's potential exposure and compliance strategies.
Requirements for content producers
Content producers of "actual or feigned sexual activity" must obtain written consent from each person depicted that includes:
- consent to each sex act depicted in the content.
- a statement giving consent to distribute the content.
- a statement explaining the state's definition of "coerced consent" and notifying the performer that they may withdraw consent at any time.
While the law doesn't explicitly mandate the creation of these documents, they are required in order to publish the content online.
Documentation required before upload
Online entities that distribute or publish “pornographic” content are required to obtain the documentation listed above, as well as the age and identity verification records for each performer.
Take Down Provisions
Platforms are required to display a prominent notice giving instructions for how a person can request that content be taken down and:
- Remove any pornographic content on their platform at the request of an individual depicted in it, their authorized representative, or law enforcement within 72 hours of receiving a request.
- If any other individual requests content be taken down, platforms are required to review records related to that content within 72 hours and remove it if it does not meet the requirements of the law regarding documentation and consent.
- Any content that is taken down (including edited or altered versions) must be prevented from being republished.
Enforcement
The state attorney general or an individual depicted in a piece of content can file a lawsuit against parties alleged to have violated the law.
- Penalties accrue on a per-day and per-image basis.
- Private plaintiffs can sue the platform or the uploader for actual damages or $10,000 per day the image remained on the platform after the 72-hour window, whichever is greater.
- If the attorney general notifies a platform that they are in violation of the requirement to post instructions for taking down content, they have 24 hours to add it before fines of $10,000 per day begin to accrue.
- If the attorney general notifies a platform that they must take down content, they have 24 hours to remove it before fines of $5,000 per day begin to accrue.
Effective Date
The law goes into effect on December 1, 2025, and is effective retroactively (“applies to acts or omissions occurring before, on, or after that date”).
For more information, visit FreeSpeechCoalition.com.