Lawmakers OK bill requiring age verification for online porn. Here’s what other states have done.

The Indiana Statehouse January 9, 2024. (Credit: Ronni Moore)

Gist

The Senate approved a bill Thursday by a 44-1 vote, requiring websites featuring pornography to verify someone’s age, in an attempt to prevent minors from accessing adult content. 

Indiana’s Senate Bill 17 is part of a wave of legislation across the country targeting the porn industry.

“This is going to go a long way to make sure our kids aren't viewing this content,” said bill author Sen. Mike Bohacek, R-Michiana Shores. 

A 2022 Common Sense report found that 73% of respondents ages 13-17, said they have seen online pornography, either accidentally or on purpose. 

Here’s how the bill would work and what impact similar legislation has had in other states. 

What the bill would do

The bill requires adult-oriented website operators to verify someone is 18 years or older in order to let them access the website. Users would have to provide their ID to access the websites. 

Bohacek argued access to adult content should be treated just like other adult-orientated products. Checking a box simply isn’t enough, he said. 

“Can you check a box and say you’re 21 when you go to the grocery store to get a beer?” Bohacek asked. “Can you check a box and say I’m over 18 if I want to gamble on one of the gaming sites? Nope.”

Only Senate Democratic Leader Greg Taylor, D-Indianapolis, voted against the bill, due to concerns about what would happen to private information adults shared to verify their age.

“What confidence do any of us have that they will not take our personal information itself?” Taylor said on the Senate floor. “That’s the only thing that’s bad about this bill.”

The House still has to vote on the proposal.

How the proposal has worked in other states

At least eight other states have already passed similar legislation: Arkansas, Louisiana, Mississippi, Montana, North Carolina, Texas, Utah and Virginia.

It started in 2022 with Louisiana, and since then other copycat bills have popped up. 

Rather than implement age verification measures, Pornhub — a Canadian-based internet pornography site — has already blocked access to residents in most of those states, like Utah, North Carolina and Montana, restricting access for millions of people. Indiana lawmakers said completely blocking the site isn’t their goal. 

But, they wouldn’t be mad about that outcome.

“This isn’t about eliminating pornography from the state of Indiana, although I would be okay with this,” said Sen. Liz Brown, R-Fort Wayne, in committee. “This is not the point.”

Indiana could also face a legal challenge if Senate Bill 17 passes.

In Texas, a similar law requiring adult websites to verify someone’s age is winding its way through the court system. A federal judge ruled in favor of the Free Speech Coalition, the trade association advocating for the adult industry, after it sued Texas over the law. The case is now pending in the U.S. 5th Circuit Court of Appeals.

Chris Daley, executive director of the American Civil Liberties Union of Indiana, warned that Indiana could face a pricey lawsuit by moving forward with Senate Bill 17. 

“The state … can limit access to adult material, however, you can’t do that in a way that impermissibly burdens adults,” Daley said. “We can make the internet safer without sacrificing our privacy and constitutional rights.”

Lawmakers weren’t swayed. 

“When it’s a good cause, it’s worth spending” to defend possible lawsuits, Brown said.

What do opponents say?

The Free Speech Coalition didn’t testify on the bill, but on its website it emphasizes it is opposed to bills like Senate Bill 17, arguing such bills are ineffective and endanger private information.

Young people, the group said, could just use a virtual private network to get around individual state rules on age. Plus, the group said the sharing of private data provides a “massive opportunity for criminals.” 

What’s next?

It’s still early in the legislative process, so this bill is by no means a done deal. The House will have to vote on the proposal before lawmakers leave Indianapolis at the close of the 2024 legislative session in March. 

Contact Kaitlin Lange on X @kaitlin_lange or email her at [email protected]

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