Since 2022, many states have passed laws requiring adult websites and services to verify their users’ age before access. The age verification movement started with Louisiana, and since then, several states have passed their own laws, with Florida being the most recent state to join the party. However, these age verification laws aren’t simply expanding in number and scope. Florida’s law, for example, also bans or limits minors’ access to qualifying social media platforms. So, where have age verification laws been passed, what other states are looking to pass them, and what has the fallout been? Here’s everything you need to know about age verification laws in the United States.
What is an age verification law?
In the United States, age verification laws have recently been established due to growing political concerns regarding minors accessing inappropriate online material. Though the rules are not identical in every state, they serve the same primary function. Age verification laws create a legal requirement for websites with sexually explicit content or content considered “harmful to minors” to confirm that their users are at least 18.
The methodology for age verification varies from state to state, though many methods require a government-issued ID. Websites that fail to verify ages properly could be penalized with fines. They may also be held liable for damages paid to minors exposed to adult content.
Which websites are impacted?
While each law’s precise language varies, age verification regulations generally apply to websites with at least one-third of content that could be considered “harmful to minors.” Whether specific content is “harmful to minors” is open to interpretation, and concerns have been raised about vague interpretations and applications.
Generally, it is understood that porn websites meet the one-third criteria. The laws have also excluded search engines, cloud storage sites, and news sites from regulation. But it’s unclear for sites that rely almost entirely on user-generated content, such as OnlyFans. And what about streaming services? It hasn’t yet been an issue in the states where laws have been passed so far. However, streaming services like Netflix may be under additional scrutiny as many new states introduce their own bills. Age verification checks could become widespread if “harmful to minors” is loosely interpreted to mean anything rated R, PG-13, TV-MA, or TV-14.
What happens to websites that violate age verification laws?
As with other elements of these laws, violators will be subject to ranging consequences depending on the state. But by and large, non-compliance will be met with the following potential repercussions:
- Liability for damages: Websites that don’t employ state-approved age verification methods could be held financially accountable and subject to damages lawsuits if minors can access adult content on their platforms. Some states have set specific dollar amounts in their laws. Florida’s law, for example, says offenders could be liable for up to $10,000 in damages to each minor.
- Punitive fines: Websites may also be subject to hefty fines if they don’t employ state-approved verification methods or their age verification methods don’t work correctly. The application and dollar amounts vary by state. Some states will fine per individual violation; others will fine per day of non-compliance. In Texas, for example, Attorney General Ken Paxton sued XHamster and Chaturbate, demanding the pair’s parent companies pay $1.67 million and $1.78 million in fines, respectively, for failure to implement age verification checks.
Currently, violators will not be subject to criminal charges. That could change, however, as recent proposals in some states, such as Illinois and Indiana, have included the possibility of criminal charges for failure to comply with age verification regulations. If any of these proposals ultimately become law, it indicates a significant escalation in consequence and creates a much greater risk for companies subject to the rules.
Is Pornhub banned in states with age verification laws?
Technically no, Pornhub is not “banned” in states with age verification laws. However, Aylo, Pornhub’s parent company, has opted to block access to the website rather than set up a form of Pornhub age verification. This was done to avoid risk and liability associated with the law while legal challenges are pending in various states. The current exception to this is Louisiana, which uses a third-party service, LA Wallet, to verify ages instead of compelling platforms like Pornhub to create their own system.
Are age verification and social media bans for minors the same?
Not exactly. Both age verification laws and social media bans for minors restrict internet access to protect younger internet users from potential harm online. But obviously, they focus on different aspects of the online experience. And sometimes, these laws are enacted via separate pieces of legislation. For example, Ohio enacted a social media ban on January 15, 2024, but has yet to pass its age verification bill.
Age verification targets porn websites and adult content, attempting to restrict all access by users under 18 years of age. Social media bans take a more staggered approach, trying to ban social media access outright for specific age groups while increasing parental controls for other age groups.
However, just as age verification has gathered momentum in the last couple of years, so have social media bans and restrictions for minors. That trend has seen these initiatives grouped frequently. In Florida, for example, age verification regulations and social media bans for minors were passed as part of the same law.
Which US states have age verification laws?
So far, eleven US states have passed age verification laws. They are Arkansas, Florida, Idaho, Indiana, Louisiana, Mississippi, Montana, North Carolina, Texas, Utah and Virginia. All these states except Florida and Idaho have already enacted their laws. Florida’s law was officially passed on March 25, 2024, and is scheduled to take effect on January 1, 2025; Idaho’s law was officially passed on March 20, 2024, and is expected to take effect on July 1, 2024.
Dozens of other states have also introduced their own bills. Some are working through legislative chambers and will likely pass; others have been introduced but failed.
Only 14 of the 50 states have yet to introduce a bill. They are Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York, North Dakota, Oregon, Rhode Island, Vermont, and Washington.
Below is a complete overview of each state’s age verification bill status.
| STATE | BILL STATUS |
| Alabama | Passed first chamber |
| Alaska | Bill introduced |
| Arizona | Passed both committees |
| Arkansas | Law passed and enacted |
| California | Introduced |
| Colorado | Has not introduced a bill |
| Connecticut | Has not introduced a bill |
| Delaware | Passed first committee |
| Florida | Law passed, scheduled to take effect January 1, 2025 |
| Georgia | Passed both chambers |
| Hawaii | Has not introduced a bill |
| Idaho | Law passed, scheduled to take effect July 1, 2024 |
| Illinois | Bill introduced |
| Indiana | Law passed and enacted |
| Iowa | Passed first committee |
| Kansas | Passed both committees |
| Kentucky | Passed both chambers |
| Louisiana | Law passed and enacted |
| Maine | Has not introduced a bill |
| Maryland | Has not introduced a bill |
| Massachusetts | Has not introduced a bill |
| Michigan | Bill introduced |
| Minnesota | Has not introduced a bill |
| Mississippi | Law passed and enacted |
| Missouri | Bill introduced but failed to pass |
| Montana | Law passed and enacted |
| Nebraska | Bill introduced |
| Nevada | Has not introduced a bill |
| New Hampshire | Bill introduced but failed to pass |
| New Jersey | Bill introduced |
| New Mexico | Bill introduced but failed to pass |
| New York | Has not introduced a bill |
| North Carolina | Law passed and enacted |
| North Dakota | Has not introduced a bill |
| Ohio | Bill introduced |
| Oklahoma | Bill passed first committee |
| Oregon | Has not introduced a bill |
| Pennsylvania | Bill introduced |
| Rhode Island | Has not introduced a bill |
| South Carolina | Bill passed first chamber |
| South Dakota | Bill passed both chambers |
| Tennessee | Bill passed first committee |
| Texas | Law passed and enacted |
| Utah | Law passed and enacted |
| Vermont | Has not introduced a bill |
| Virginia | Law passed and enacted |
| Washington | Has not introduced a bill |
| West Virginia | Bill introduced but failed to pass |
| Wisconsin | Bill introduced |
| Wyoming | Bill introduced but failed to pass |
Source: Free Speech Coalition’s Age Verification Bill Tracker (updated April 2024)
Are there any plans for a federal age verification law?
Yes. In 2023, Utah Senator Mike Lee re-introduced the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act. If the bill is passed, those who fail to comply will be treated as violators of the FTC’s unfair or deceptive practices rules. Another bill, the Curbing Abuse and Saving Expression in Technology (CASE-IT) Act, was introduced by Florida Congressman Greg Steube in 2023.
Following their introduction, neither bill has yet moved further. Before either becomes law, they would still have to pass multiple committees and reach the President’s desk.
Do any other countries have age verification laws?
Yes. Age verification laws aren’t just a phenomenon in America. In 2017, the UK became the first country to pass an age verification law, but the British government abandoned the mandate in 2019 after failing to clear several implementation hurdles. In 2023, the UK finally passed a new age verification law as part of its Online Safety Act 2023. Section 212 of the act repeals part 3 of the Digital Economy Act 2017, the UK’s initial attempt at passing age verification.
Elsewhere, France and Germany also passed age verification laws prior to Louisiana, but France’s implementation has faced significant delays due to prolonged legal battles. Canada, Denmark, and potentially the entire European Union are considering similar legislation. Meanwhile, Australia initially planned to introduce an age verification law but ultimately discarded the proposal, citing issues related to privacy and security.
Has anyone challenged these laws?
Yes, these laws have been challenged by free speech and data privacy advocates, along with the corporations that own adult content sites. New legal challenges are expected for the Florida social media ban. Recently, however, the Texas age verification law was deemed lawful in the U.S. Court of Appeals for the Fifth Circuit. Opponents of age verification fear this ruling could set a precedent for legal challenges in other states.
Legal challenges to age verification laws have primarily relied on one or more of the following points of contention:
Freedom of Speech Violations
Organizations like the Free Speech Coalition and adult content providers argue that age verification mandates limit websites’ content dissemination and adults’ access to legal content, infringing on First Amendment protections.
Legal Stays and Overturns
Specific age verification regulations, like those in Texas, faced temporary halts due to injunctions. The injunction against Texas’s law was reversed by the U.S. Court of Appeals for the 5th Circuit, however, allowing the law’s enforcement pending legal review.
Questions on Legal Enforcement
The clarity and fairness of enforcing age verification laws are also under scrutiny. Opponents criticize the vagueness of these laws’ enforcement strategies and their reliance on severe penalties, which could disproportionately affect websites and extend to unintended content.
Jurisdictional Disputes
The debate extends to whether state-level authorities can regulate internet content, considering its national and international scope. This issue highlights the challenges and potential overreach of state-imposed regulations on a digital platform that lacks inherent borders.
What do critics say?
Age verification regulations have been the subject of controversy and debate. Critics have honed in on several key issues, including:
Constitutional Controversies
One of the biggest criticisms of these laws is that they infringe on constitutional rights, particularly those concerning free speech and expression. Previous Supreme Court decisions have overturned similar measures, claiming they enforce content-based speech restrictions. There is also apprehension that age verification could restrict access to a broader spectrum of content, thereby limiting free expression online.
Privacy and Security Concerns
Critics also argue the requirement to collect and store extensive personal data for age verification poses significant privacy and security risks. This concern extends to minors who might bypass these measures, potentially leaving a traceable online activity record and compromising their privacy. The accumulation of such data is likely to attract cybercriminals, leading to potential breaches that expose sensitive information, raising the risk of identity theft and other cybercrimes, thereby endangering the very group these laws seek to protect.
Exploitation of Personal Data
Gathering personal information for age verification purposes has also triggered alarms about its potential misuses, such as for unauthorized tracking, targeted marketing, or illicit trading. These actions would infringe on individual privacy. There are also natural concerns about associating any personally identifiable information with specific adult content websites and preferences.
Restricted Access to Permissible Content
Due to stringent age verification requirements, some adult content providers such as Pornhub have restricted access in states like Texas and Utah, thereby limiting lawful content access for adults. Critics argue this could have unintended consequences, such as pushing users towards more insecure, unregulated platforms.
Vague Terms and Excessive Application
The broad language defining “material harmful to minors” in these laws raises concerns about their excessive scope. Critics argue that these regulations might unjustly label innocuous content as obscene or even target content related to marginalized groups, thereby impacting the human rights of certain individuals and sex workers.
Technological and Operational Obstacles
Executing age verification measures presents technical difficulties, particularly in states lacking digital ID systems. As established, privacy concerns and the logistical burden of adhering to these laws have already caused some websites to deny access in the affected states. Moreover, methods like facial recognition introduce privacy issues and potential inaccuracies, further complicating enforcement in areas without adequate technological support.
Ultimately, reappropriating real-world age verification checks for the internet is a difficult task. While the underlying merits of these laws may be morally sound or well-intentioned, implementation is another issue altogether. Like everything else in the digital realm, data presents complications concerning privacy and constitutional rights. It’s unclear what the future of age verification in America will be. But as more and more states look to join in on the act, it doesn’t appear to be going away anytime soon. And every law passed brings challenges with it. Be sure to check this post for updates about the passing and progression of age verification laws.