Internet Porn Censorship

The government of Spanish Prime Minister Pedro Sánchez intends to implement age verification to access adult content on the internet across the board to prevent minors from viewing age-restricted websites. Spain's data regulator Agencia Española de Protección de Datos (AEPD) is developing a process to require web users to utilize a digital ID card.

The Royal Spanish Mint will be directed to develop the digital ID technology following recommendations from the AEPD. One format floated by the agency is that a user will download an app on their mobile device, a QR code, or some other type of digital document verifying their age through a government ID, health or residence cards, a driver's license, or a passport. AEPD claims that this approach minimizes risks of a data breach since third parties--such as a private sector age verification software vendor or a regulated platform--will not be able to access a user's sensitive personally identifiable information.

Unfortunately, there is no guarantee of sensitive personally identifiable information being safe in the hands of a government agency or private company. Consider a case that occurred in Louisiana, which was the first U.S. state to require an ID to view adult content. Seeking to comply with the law, the tube site Pornhub adopted an age verification solution that integrated with the state's digital identification app, LA Wallet.

Months after the deployment of LA Wallet by Pornhub, the company and the agency administering the digital wallet program were victims of a data breach. A local news report indicates that over 6 million records from the Louisiana Office of Motor Vehicles were exposed by hackers in June 2023. Names, addresses, ID numbers, social security numbers, height, weight and eye colors were exposed in a breach of a file transfer protocol.

Even with the best intention and risk mitigation, AEPD will not be able to completely prevent a breach of data. That is one major concern among critics of age verification.

Kevin Bennett, acting CEO of the religious moralist campaign group Premier Christianity, said:

The government is currently considering how best to review laws around pornography. Premier would like to see new regulations that make online platforms and websites more responsible for the content they host.

The Online Safety Act is a welcome development. However, while it limits children's exposure to pornography, it doesn't regulate it. Illegal explicit content will continue unchecked, which means children will still be at risk of exposure to harmful images. Also, young and vulnerable adults with addictive personalities will continue to be damaged by abusive content.

Hard copy videos containing strong sexual content are rated R18 by the British Board of Film Classification (BBFC) and can only be supplied through a licensed sex shop. The BBFC is the main statutory regulator of pornography but their powers only extend to offline distribution. If the BBFC refuses to classify (because, for example, it contains illegal content) it cannot be published. However, the BBFC has no regulatory or enforcement powers over online pornography.

At a recent inquiry by the All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation, the BBFC said:

Regrettably, equivalent protections do not currently exist on the internet, where hard-core pornography (including illegal content and content the BBFC would refuse to classify on harm grounds) is freely accessible to viewers of all ages.

The online pornography industry has been unregulated for too long. Pornography has proven, harmful effects on loving and meaningful relationships and can form destructive addictions. Pornography consumption leads to the dehumanisation and objectification of women and can fuel sexual violence.

The government should regulate the supply of pornography as well as the demand for it.

It is welcome that the government is now undertaking an internal review, and we expect a consultation next year - but we don't yet know when and what it is prepared to legislate for. Advert

It is imperative that action is taken soon -- certainly before a general election is called. Pornography should be acknowledged as a form of sexual exploitation, and routes for redress for those harmed by pornography provided. Third party facilitators will then be more mindful of their contribution to the industry and how accountable they are prepared to be.

The existing outdated patchwork of laws governing pornography need urgently updating. But it must be more than a tidying up exercise. It is critical that reforms are introduced to ensure that pornography is regulated consistently both online and offline.

Italy will begin enforcing a new, experimental directive from the countries internet censor requiring all phone providers to install a default filter for all adult content, on SIM cards registered to minors.

The directive from the Italian Communications Regulatory Authority (AGCOM) was approved in January and published on Feb. 21, allowing telecom companies nine months for full implementation.

AGCOM Commissioner Massimiliano Capitanio told Italian media that the measure is a testing ground to verify the real desire of adults to take an active part in the digital education of their children.

Adult content categorized for filtering includes all websites for an adult audience, showing full or partial nudity in a pornographic sexual context, sexual accessories, sexually oriented activities, and sites that support the online purchase of such goods and services.

Besides adult content, other material designated for filtering includes sites related to gambling, weapons sales, violence, self-injury or suicide; sites that display scenes of gratuitous, sustained or brutal violence; and sites promoting hatred or intolerance toward any individual or group, or promoting practices that can damage health, like anorexia or bulimia, or the use of drugs, alcohol or tobacco.

Another blocked category is sites that provide tools and methods to make online activity untraceable, including VPNs.

US Senator Mike Lee, R-UT, has reintroduced a bill in the U.S. Senate that would make it federal law for all adult websites to verify their users' ages.

The bizarrely titled Shielding Children's Retinas from Egregious Exposure on the Net (SCREEN) Act would require all pornography and adult entertainment websites with users in the United States to deploy reasonable age verification methods from third-party providers.

Supporters of the bill include software company Envoc, which provides ID verification software and anti-porn groups, such as the National Center on Sexual Exploitation, National Decency Coalition, Enough Is Enough, and Culture Reframed.

House Representative Mary Miller, R-Ill., introduced a companion bill in the House of Representatives.

The SCREEN Act requires the Federal Trade Commission (FTC) enforce elements of the bill that would require a porn site, like Pornhub, xHamster, and Xvideos, to verify ages. FTC is also required to conduct regular audits of the parent companies affected by the act to ensure compliance and to promulgate rules based on the statutes of the bill if it were to become law.

The SCREEN Act competes with the Kids Online Safety Act (KOSA). This requires an expansive overhaul of trust and safety protocols for web platforms. If adopted into law, KOSA would require Congress to coordinate with the executive branch, namely the U.S. Department of Health and Human Services, to review the benefits and shortcomings of nationwide age verification requirements for websites.

German authorities have introduced a proposal to block adult websites deemed to have inadequate age verification systems, and also to prohibit financial institutions from providing payment services to those sites.

Germany's Broadcasting Commission of the Federal States released its draft proposal to reform the State Youth Media Treaty (JMStV).

The proposal is now open for consultation until Dec. 7.

The new proposal would allow the media regulator to turn off the money supply to targeted adult sites, explained NetzPolitik reporter Sebastian Meineck, who has been covering German efforts to censor the internet. Meineck told XBIZ that there is a regulation in German media law concerning online gambling, which has a similar structure to the JMStV and includes a similar authorization to prohibit payment transactions in objectionable cases.

The proposal also simplifies the process for the state to order network blocks. The media regulator, Meineck wrote, is already allowed to issue network blocks for porn sites that resist the mandatory age controls. A network block means that Internet providers such as Vodafone, 1&1 or Telekom must prevent customers from accessing a website as usual. In order to achieve such a block, the supervisory authority currently has to carry out time-consuming administrative procedures, some of which are ineffective.

The proposed change would make it easier for the government to more easily target mirror websites that host content similar or identical to sites that have already been ordered blocked, without another complex procedure, as the draft comments clarify.

Alabama lawmakers have proposed a bill for the upcoming legislative session that would block pornographic sites from anyone under 18 years old.

Representative Ben Robbins plans to sponsor a bill that will require someone to verify their age using a photo ID in order to access sites that offer pornographic material.

His bill will aslo require companies to register with the state as adult content distributors. It will also create additional state taxes for items sold on pornographic websites, and tax memberships Alabamians purchase through a site. The money will be allocated for mental health services in the state.

Lastly, the bill will require distributors to have written consent from people who are posted on the site.

Ohio House Representative Steve Demetriou has introduced an extraordinarily repressive House Bill (HB) 295. Dubbed the Innocence Actwould implement an age verification requirement similar to what has already been implemented in other states. However this bill goes way beyond other is that it introduces criminal penalties for websites that don't comply and misdemeanor penalties for any internet user who tries to circumvent age verification, eg by using VPNs.

In its current form, companies and webmasters who don't implement reasonable age verification methods could be subject to criminal charges -- a third-degree felony. No other proposed and implemented age verification regulation in the country has such punitive criminal penalties.

Corey Silverstein, a First Amendment attorney, commented:

VPNs are available on most mobile devices through the Apple App Store or Google Play Store. They are also free or relatively inexpensive. And, to think that a 17-year-old high school student can't learn about and effectively deploy a VPN is short-sighted. I can't think of a worse idea than charging minors with criminal offenses for viewing adult content and potentially ruining their futures. Attempting to shame and embarrass minors for viewing adult-themed content goes so far beyond common sense that it begs the question of whether the supporters of this bill gave it any thought at all.

It is not yet clear if the bill has a chance of becoming law.