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During the 2024 legislative session, Alabama passed HB164, more informally known as the “Porn ID law.” Now, just six months later, the law will go into effect on Oct. 1.
State Rep. Ben Robbins, R-Sylacauga, brought the bill before the legislature. In short, this new law forces distributors of sexual material to verify users are 18 years of age or older before accessing explicit content.
Any entity required to verify a user’s age must also display warnings on their homepage about the dangers associated with the subject matter. Some of the warning displays discuss the impairment of brain development, the potential for biological addiction and the increased demand for prostitution as a result of viewing the content.
The website’s landing page would also have to display a helpline phone number to the federal Substance Abuse and Mental Health Services Administration.
These distributors operating in Alabama must also register with the state and retain the age and consent records of individuals in pornographic content for a minimum of five years. These records must be accessible to Alabama law enforcement, but the industry has already broadly complied with similar federal mandates.
Anyone found in violation of the law could be reported to the Consumer Interest Division of the Office of the Attorney General and sued or fined large sums of money, up to $10,000.
Next year, beginning Sept. 1, any commercial entity distributing these materials for commercial purposes will be subject to a special tax roll for adult companies, charging a 10 percent levy. These funds will go to the Alabama Department of Mental Health to fund treatments for those with behavioral health needs.
Alabama is one of nineteen other states to pass age-verification legislation since 2022.
Ahead of the law’s enactment, Pornhub, an adult content provider, responded to the Alabama law by blocking all IP addresses from the state on Thursday. This has become common practice for the company as they have raised concerns surrounding consumer’s privacy after other state’s passed similar laws.
Many have criticized the laws as “surveillance systems” that could lead to misuse or theft of sensitive data as conservative-leaning states across the country pass similar legislation. The legislation in Alabama does not address the possibility of privacy breaches.
Advocates also argue that such laws could have an effect on adults’ First Amendment rights, regarding their ability to access and consume content falls under the umbrella of free speech. This discourse raises questions about where the line should be drawn between protecting moral values and preserving individual rights in a society.
Within the pages of conservative proposals in the Project 2025 plan for a possible second Trump term, the idea of the criminalizing of pornography has a large presence.
In the foreword, penned by the president of the Heritage Foundation, the proposal calls for a complete ban on pornography. It suggests imposing prison sentences on those who produce or distribute it and shutting down tech companies that host such content.
As the movement gains momentum, it reflects a larger fight over the definition of freedom and responsibility in an evolving digital landscape. The implications of these legislative changes extend beyond pornography, potentially influencing how other forms of media and expression are regulated in the future.
