FSC: NC Law Invalidating Model Contracts Takes Effect December 1

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

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.

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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More