Federal judge temporarily blocks Texas online verification bill for porn sites

A federal judge’s ruling has issued an injunction on the implementation of Texas legislation initially set to commence on 1 September 2023. This legislation mandated online verification and required pornographic websites to establish age verification protocols and display warnings about explicit content. Essentially, the Free Speech Coalition filed a lawsuit on 4 August 2023 alleging that Texas HB 1181 violated the First Amendment’s ban on restricting free expression. The bill, sponsored by Texas Attorney General Ken Paxton, aimed to restrict access to sexually explicit material on porn sites to adults only. It required these sites to request users’ IDs to verify their age. Additionally, the legislation mandated the display of warning labels, such as “Pornography increases the demand for prostitution, child exploitation, and child pornography.”

Judge David Alan Ezra stated that protecting minors from sexually explicit content is vital. At the same time, Judge Ezra acknowledged that this does not absolve this Court of its responsibility to ensure that the laws enacted to achieve it align with well-established First Amendment principles. Aylo, Pornhub’s parent company, welcomed a court ruling that declared the Texas age-verification law unconstitutional. Aylo claims it has supported mandatory age verification for years but believes device-level age verification is the only solution to ensuring internet safety and user privacy and preventing children from accessing age-inappropriate content.

Why does it matter?

The recent federal judge’s injunction of Texas’ online verification law for porn sites has raised concerns in the context of privacy protection. According to The Verge, the injunction echoes common concerns regarding online age verification, especially regarding the deterrent impact of requiring individuals to disclose their identity through potentially unreliable verification methods. Texas is expected to appeal the ruling, elevating it to a federal appeals court that could ultimately determine the destiny of HB 1181. Nevertheless, this represents a setback for the extensive campaign to restrict access to websites containing sexual content.