South Dakota Lawmakers Endorse Plan to Require AV for Porn Sites

PIERRE, S.D.—In an expected move, the Republican-controlled South Dakota state legislature will once again propose age verification requirements that specifically target adult platforms. This announcement comes after the Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors, featuring key lawmakers, confirmed the intention to make the passage of an age verification law a priority during the 2025 legislative session scheduled to convene in January. “We heard from many parties and now have important amendments to make this a better bill. My goal all along was to find something that is constitutional and enforceable,” said state Sen. Helene Duhamel, R-Rapid City. Duhamel is a member of the study committee. According to coverage by the Associated Press, the conceptual bill would be similar to age verification proposals introduced throughout the United States by predominately conservative-leaning state legislatures. These bills require so-called "reasonable age verification" measures to be implemented to confirm that a person is at least 18 years old. During the 2024 legislative session, there was an attempt by Republican state Rep. Bethany Soye of Sioux Falls to introduce House Bill 1257, an age verification bill that targets online adult content similar to what the study committee has recommended. The bill made it through the state House but was deferred and redrafted in the Senate to allow for a study of AV laws. Soye is a member of the study committee that recommended the age verification measure. It is worth noting that their support for age verification legislation specifically targeting adult websites is similar to Texas law HB 1181. HB 1181 is currently under judicial review at the U.S. Supreme Court amid a lawsuit filed by the Free Speech Coalition and adult industry firms.  The American Civil Liberties Union and its Texas chapter took up the Free Speech Coalition's case due to the significant First Amendment implications related to age verification laws.