RICHMOND, Va. (WRIC) – A porn industry group suing Utah over its new age verification law is weighing how to respond to a similar law in Virginia that will soon set stricter rules for accessing adult websites.
The law, taking effect in July, will require porn websites to verify users in Virginia are at least 18 years old before they access the site’s content. The bill, introduced by Republican state Sen. William M. Stanley Jr. (Franklin), sailed through the Virginia General Assembly.
Similar laws have been challenged in court and have led sites such as Pornhub, one of the most visited websites in the world, to block users in states that implement stricter verification regulations.
The Free Speech Coalition, a trade association for the adult industry, and others filed a lawsuit challenging a similar law that recently went into effect in Utah. Its spokesperson told 8News the group is “discussing potential approaches” to Virginia’s new law with its legal team.
“We’re just as concerned about the constitutionality and consumer privacy risks inherent in this bill as we are with Utah’s,” Mike Stabile, Free Speech Coalition’s spokesperson, said.
Utah and Virginia are not alone. Louisiana, Arkansas and Mississippi have passed similar laws, and several others have introduced age verification bills.
Under Virginia’s new law, people will need to do more than enter their date of birth to access an adult site.
These websites would need to set up a method to verify a user’s age such as requiring people to submit digital copies of their identification online, scans or through a particular system. Sites that don’t comply could be open to civil lawsuits in Virginia.
The Free Speech Coalition has raised concerns over potential data leaks and scams if users must digitally transmit personal information to verify their age, pointing to reports of “potential identity theft” incidents in Louisiana where a bill that mirrors Virginia’s has already gone into effect.
Alison Boden, the Free Speech Coalition’s executive director, sent a letter to Gov. Glenn Youngkin (R) urging him to veto Stanley’s bill. Boden wrote that the group supports efforts to protect “young people from material that is age-inappropriate or harmful,” but listed issues it had with the bill.
“Adult content–even material harmful to minors– is First Amendment-protected speech and the Supreme Court has ruled repeatedly that restrictions on its production and consumption face the highest legal bar: strict scrutiny,” Boden wrote to Youngkin on March 27.
While the Free Speech Coalition considers its path forward, a Youngkin aide who spoke on the condition of anonymity because they are not authorized to speak to the press said the administration reviewed the bill and expressed little concern over a potential lawsuit.
The aide said the Youngkin administration looked at the bill’s litigation risk with the attorney general’s office and believes it’s a “valid piece of legislation.” They added that companies running many of these sites have the means to implement systems to verify a user’s age.
“These companies, there’s a court system, and if they have a legal challenge, they can do it,” the aide told 8News.
