Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.
Canada: Senate Committee Raises No Objections to National AV Proposal
Canada's Standing Senate Committee on Legal and Constitutional Affairs held hearings last week on S-209, the Protecting Young Persons from Exposure to Pornography Act. That bill would impose federal AV requirements and subject noncompliant adult sites to fines of up to $250,000 for a first offense and up to $500,000 for subsequent offenses. It would also require internet service providers to block noncompliant websites.
Three witnesses testified in favor of the bill, including a clinical psychologist who called pornography “a major issue of public health” and told the committee, “Children are paying the price for free use by adults,” as well as a representative of the Canadian Centre for Child Protection, who decried what she called “extreme” adult content and described, as an example, an adult video depicting oral, anal and group sex.
Although legislators engaged in a clause-by-clause review and amendment process, none offered objections to the intent or methodology of S-209. The sole substantive concern raised involved making sure that the bill does not rope in mainstream social media platforms but only targets commercial porn sites.
Italy’s AV Rule Now Covers Sites Based in Other Countries
Feb. 1 marked the deadline for all adult sites accessible in Italy to implement age verification. As XBIZ reported last year, adult sites based in Italy have been required to verify users’ ages since Nov. 12. According to Italian media regulator AGCOM, noncompliance could result in penalties up to 250,000 euros. The agency also released a preliminary list of providers to which the new rule applies, including numerous high-traffic adult sites based outside of Italy.
The new AGCOM regulation requires that age verification systems accommodate use of the “white label” age verification app, which the European Commission released in July alongside guidelines for protecting minors online under the EU’s Digital Services Act (DSA).
Australia’s AV Rules Take Effect March 9
There is now one month left before Australia’s Designated Internet Services Code comes into force on March 9. Finalized last year by Australia’s online safety regulator, eSafety, those rules require that sites and platforms with “the sole or predominant purpose” of providing online adult content must implement age-assurance measures before allowing users to access such content.
According to eSafety, failure to comply could result in civil penalties of up to 49.5 million Australian dollars (more than $35 million) per breach.
Washington ‘Health Warnings’ Bill Dies in Committee
Back in the U.S., an age verification bill in the Washington state legislature, which would have required adult sites to post notices warning users of alleged health risks, failed to pass out of committee in time to meet a legislative deadline and will have to be reintroduced during the next legislative session if it is to proceed.
As XBIZ reported in December, the “Keep Our Children Safe Act” would have mandated that sites display “information pertaining to the youth health risks associated with adult content.” It is unlikely that the inclusion of that provision contributed to the bill’s demise, however, since it was not mentioned during a Jan. 16 hearing on the bill in the House Committee on Consumer Protection & Business.
As XBIZ reported last month, a number of AV bills pending in the Missouri state legislature would require adult sites to post similar health notices.
