The recent implementation of the Pornhub Utah ban has stirred up controversy and raised important questions about online safety and age verification measures in the world of pornography.
As a response to the newly enforced law that mandates pornographic websites to confirm the ages of their users, Pornhub has taken the decision to block access to its platform for users located in Utah. This decision is a direct consequence of the Pornhub Utah ban. Starting today, individuals trying to access the website from Utah-based IP addresses will no longer be able to access the website’s homepage. Instead, they will be redirected to a video featuring Cherie DeVille, a prominent adult performer and member of the Adult Performer Advocacy Committee, explaining the reasons behind the inability to visit the website.
What’s the reason behind the Pornhub Utah ban?
“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website. 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,” DeVille states.
DeVille adds:
“In addition, mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply. As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place. Very few sites are able to compare to the robust Trust and Safety measures we currently have in place. To protect children and user privacy, any legislation must be enforced against all platforms offering adult content. The safety of our users is one of our biggest concerns. We believe that the best and most effective solution for protecting children and adults alike is to identify users by their device and allow access to age-restricted materials and websites based on that identification. Until a real solution is offered, we have made the difficult decision to completely disable access to our website in Utah. Please contact your representatives before it is too late and demand device-based verification solutions that make the internet safer while also respecting your privacy.”
In March of this year, the Governor of Utah, Spencer Cox, signed SB 287: Online Pornography Viewing Age Requirements, into law. As a result of the Pornhub Utah ban, this law will go into effect starting May 2nd. The legislation mandates that pornographic websites must verify the age of their users before allowing them to access any adult content.
According to the text of the law: “A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of an individual attempting to access the material.”
The Online Pornography Viewing Age Requirements law goes on to define “harmful material” as “material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors: (i) pubic hair, anus, vulva, genitals, or nipple of the female breast; (ii) touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or (iii) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.” In other words, any material that depicts or describes sexual acts or body parts in a way that is deemed patently offensive to minors could be considered harmful under this law.
Earlier this year, Pornhub implemented a user identification requirement for users based in Louisiana, following the passage of a law that makes porn sites responsible for content deemed “harmful to minors.” This move by the company comes in the wake of several copycat bills being introduced in various state legislatures, including in Arkansas, which has recently passed a similar law.
Utah has a history of being particularly concerned with the impact of pornography, with the state declaring it a “public health crisis” in 2016. Members of the Church of Jesus Christ of Latter-day Saints have historically held a majority in the Utah legislature, and in 2009, the state was considered the “online porn capital” of the United States, with the highest number of porn consumers in the country. In 2021, Governor Cox also signed into law a requirement for device manufacturers to include adult content filters on all smartphones and tablets sold in Utah.
Age verification measures do not effectively protect children online, and can actually drive harmful content to less safe corners of the internet. In addition, these measures can put adults at increased risk of identity theft, data breaches, and extortion attempts.
In response to the passing of SB 287 in Utah, some residents have already begun discussing ways to circumvent the Pornhub Utah ban and continue accessing pornographic content using virtual private networks (VPNs). It remains to be seen whether these efforts will be successful, or whether they will ultimately result in even more stringent measures being put in place to regulate online pornography.
Did you know that Pornhub was acquired by Ethical Capital Partners?
