Will Pornhub block Kentucky? Legislature to force sites to ID for access to adult content

Lawmakers in Kentucky want kids to stop watching pornography. But a bill that's moved through the General Assembly to Gov. Andy Beshear's desk would have an impact on adults, as well.

House Bill 278, approved unanimously last week in the state House and Senate, would require websites that include a significant amount of content "harmful to minors" and "with the objective of earning a profit" to require verifying the age of users, or potentially face civil lawsuits.

The bill was initially put forward in January by Rep. Matt Lockett, R-Nicholasville, with the intent to criminalize possession of child sex dolls (a separate bill outlawing them, House Bill 207, has since been signed by Beshear).

However, last week Sen. Gex Williams, R-Verona, filed an amendment before a vote in the Senate to take aim at pornographic websites. Lockett has said he agrees with the changes to the legislation, which was subsequently approved in that chamber and the House.

The bill requires individuals who want to access websites with 33% of content considered harmful to minors to provide documentation that proves their age, such as a driver's license or other ID issued by the government. It isn't as easy as answering a quick prompt about a user's age.

Kentucky isn't the first state to consider such legislation, and many states that have passed similar bills have seen an immediate impact.

In Texas, Pornhub suspended access to internet users in early March after the state's legislature passed a bill last year requiring age verification — the law was initially blocked by a U.S. District Court judge, but that ruling was reversed last month by an appeals court.

Pornhub, a Canada-based website with a reported 42 billion total visits in 2019, is currently suing Texas Attorney General Ken Paxton over its enforcement.

The website had previously pulled its business out of Mississippi, Utah and Virginia over similar legislation. A video that plays for users who try to access Pornhub in those states features a clothed adult film actress telling viewers age-verification laws "put children and your privacy at risk" and draw internet users to sites with fewer safety measures in place, arguing "device-based verification solutions" are a better answer.

Williams told the Lexington Herald-Leader he believes the site would likely leave Kentucky as well if HB 278 is passed.

The Free Speech Coalition, a nonprofit trade association for the adult film industry, has also spoken out against age-verification legislation, calling laws "ineffective, unconstitutional and dangerous."

The bill has some support locally, though. The Kentucky Baptist Convention and the Family Foundation of Kentucky, support it, according to Kentucky Today, as they believe it would protect children from sexual abuse and online harassment.

More from Frankfort: Kentucky legislature pauses for veto period: 5 takeaways from a busy legislative session

Other provisions in HB 278 include increasing penalties for second-degree rape when the defendant is in a position of authority over the victim and harshening sentences for those convicted of human trafficking.

With approval in the House and Senate, the next step is action (or inaction) by Beshear. The Democratic governor who won reelection last year can sign it into law, veto it — with a heavy Republican majority in both chambers, the legislature could override his veto — or leave it unsigned, where it would become law without his signature.

Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: Kentucky legislature passes age-verification bill for porn websites