Age Verification Bill in Delaware Advances Out of House

DOVER, Del.—A proposed age verification bill targeting adult entertainment websites has advanced through the Delaware House of Representatives. The proposal, House Bill (HB) 265, now proceeds to the state Senate. HB 265 was introduced by Republican state Rep. Michael Smith of Newark as a measure to prevent minors from viewing age-restricted materials on websites intended for adult internet users.  AVN reported on Rep. Smith introducing HB 265 in September 2023. Smith's proposal is virtually the same as other measures introduced and/or implemented in predominately Republican-leaning states across the country. “What this does is create an age verification process, so through your passport, through your state ID, you would have to upload that and that would then make an entrance point," Rep. Smith explained via Delaware Public Media. The Delaware General Assembly is overwhelmingly controlled in both the House and Senate by Democrats. However, the bill advanced out of the House on a vote in favor, 31-5-4. Five Democrats registered votes against HB 265, citing concerns for freedom of expression online, civil liberties and privacy rights. One of those lawmakers was Rep. Eric Morrison of Glasgow, who characterized the bill as being used to potentially block access to LGBTQ+ and sexual health information for both adults and minors that isn't technically regarded as pornographic and is protected by the First Amendment. HB 265 is similar to other age verification measures in other states: It creates a new civil liability and penalty for violators of the age verification requirements. Fines are attached, and the attorney general's office is empowered to enforce the law. There is also potential groundwork for a bounty penalty system. Action in the Delaware Senate is expected to take place in the coming weeks. News of HB 256's advancement also comes shortly after the parent company of Pornhub, Aylo, announced it will geo-block more U.S. states due to age verification laws set to enter force in July.