The state of Florida is suing some of the biggest porn platforms on the internet, accusing them of not complying with the state’s law that requires adult sites to verify that visitors are over the age of 18.
The lawsuit, brought by Florida Attorney General James Uthmeier, is against the companies that own popular porn platforms including XVideos, XNXX, Bang Bros and Girls Gone Wild, and the adult advertising network TrafficFactory.com. Several of these platforms are owned by companies that are based outside of the U.S.
Uthmeier alleges that the companies are violating both HB3 and the Florida Deceptive and Unfair Trade Practices Act.
On January 1, Florida joined 19 other states that require adult websites to verify users’ ages. Twenty-nine states currently have nearly identical legislation enacted for porn sites, or have bills pending. Age verification legislation has failed in eight other states.
“Multiple porn companies are flagrantly breaking Florida’s age verification law by exposing children to harmful, explicit content. As a father of young children, and as Attorney General, this is completely unacceptable,” Uthmeier said in a press release about the lawsuit. “We are taking legal action against these online pornographers who are willfully preying on the innocence of children for their financial gain.”
The Free Speech Coalition along with several co-plaintiffs, including the sex education platform O.school, sexual wellness retailer Adam & Eve, adult fan platform JustFor.Fans, and Florida attorney Barry Chase filed a challenge to Florida’s law earlier this month. “These laws create a substantial burden on adults who want to access legal sites without fear of surveillance,” Alison Boden, Executive Director of the Free Speech Coalition, said in a press release published in December. “Despite the claims of the proponents, HB3 is not the same as showing an ID at a liquor store. It is invasive and carries significant risk to privacy. This law and others like it have effectively become state censorship, creating a massive chilling effect for those who speak about, or engage with, issues of sex or sexuality.”
Emanuel Maiberg
After the Supreme Court upheld Texas’ age verification legislation in June, the Free Speech Coalition dropped the lawsuit in Florida. “However, we are continuing to monitor the governmental efforts to restrict adults’ access to the internet in Florida,” Mike Stabile, the director of public policy for the Free Speech Coalition, said in a statement to the Tallahassee Democrat. “The Paxton decision does not give the government carte blanche to censor content it doesn’t like.”
Experts say, and more than a year of real-world anecdotal evidence has shown at this point, that age verification laws are invasive of user’s privacy, chilling for Constitutional adult speech, and don’t work to keep children away from potentially harmful material.
As it has in many states once age verification legislation went into effect, Pornhub pulled access from Florida entirely on January 1, replacing the homepage with a video message from activist and performer Cherie DeVille: “As you may know, your elected officials in Florida are requiring us to verify your age before allowing you access to our website,” DeVille says. ” While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.”
