The US Court of Appeal has recently ruled that the introduction of mandatory confirmation of age for access to pornography does not violate the first amendment to the Constitution (source). This decision comes in response to the controversial Law HB 1181, which includes amendments that require users to confirm their age using a photograph of personality certificates. Critics have raised concerns about privacy and potential infringement on freedom of speech.
By overturning the previous district court order, the Court of Appeal for the Fifth District (covering cases in Louisiana, Mississippi, and Texas) has deemed the age confirmation requirement as a reasonable measure to restrict minors from accessing pornography. The court stated that the use of biometric age verification, in combination with personality certificate verification, is permissible under HB 1181. Additionally, the court found that this method does not pose a greater risk to confidentiality compared to in-person age verification. Furthermore, the court upheld the ban on mandatory warnings about health on pornographic sites and in advertising.
Several states, including Alabama, Texas, Utah, Louisiana, Virginia, Arkansas, Mississippi, North Carolina, and Montana, have enacted laws requiring age verification on pornographic websites. In response, Pornhub has argued that these new rules infringe on the first amendment and adult users’ privacy rights. As a result, the site has stopped serving users from Montana and North Carolina.
Meanwhile, the EU has expanded its scope of Internet services subject to stringent control measures. Under the Digital Services Act (DSA), popular adult sites such as Pornhub, StripChat, and XVIDEOS are now required to undergo thorough risk assessments, external audits, and report to authorities to comply with regulations.