Oklahoma's AV Law Enters Force Friday

OKLAHOMA CITY—Age verification requirements targeting adult entertainment websites in the state of Oklahoma will enter force on Friday, November 1. Oklahoma is also expected to be geo-blocked by Aylo, the parent company of Pornhub.com based in Montreal. The age verification law, Senate Bill (SB) 1959, requires it to be enforced through a private civil action or legal action initiated by the office of Oklahoma Attorney General Gentner Drummond. According to the law, per an industry advisory posted to the Free Speech Coalition's blog, the attorney general must “develop and publish, consistent with the provisions of this act, guidance or regulations as appropriate to assist commercial entities to comply with this act." "We have reached out to the Attorney General’s office to determine if any such guidance or regulations have been developed or published," the FSC explains. "In the meantime, platforms accessible in the state of Oklahoma should be aware of the risks and take precautions to protect themselves from potential liability." AVN requested confirmation from Aylo that Pornhub and its related sites will be unavailable to users in Oklahoma. No reply was returned by press time. Corey Silverstein, an adult industry attorney, commented to AVN that Oklahoma's law is problematic for freedom of speech and civil liberties. "What is noteworthy is that the law is written in such a way that it can be interpreted to mean that age verification is not mandatory but instead outlines specific obligations for commercial entities that publish or distribute material harmful to minors," Silverstein told AVN in an email. "This is different than what we have seen in other states." Free Speech Coalition is currently engaged in a U.S. Supreme Court case challenging an age verification law in Texas. The organization had mixed results in litigation in a federal district court in Utah and the U.S. Tenth Circuit Court of Appeals dealing with an age verification law structured as a so-called "bounty law." SB 1959 is similarly structured. AVN reported on how the Utah age verification law can only be enforced through the filing of private civil-enforcement lawsuits. This is done in a way that protects state officials from being sued and enjoined from enforcing the law and leaves such an act to the courts. Note that Aylo geo-blocked Utah and several other states with AV laws. Oklahoma Gov. Kevin Stitt signed SB 1959 into law at the end of April. SB 1959 was proposed by state Sen. Jerry Alvord and state Rep. Toni Hasenbeck. It advanced through the Senate earlier in the legislative session, 41-5, and then the House, 79-13. Gov. Stitt was expected to sign the proposal as part of the trend of states predominantly controlled by Republican majorities introducing similar legislation. Oklahoma has a supermajority held by Republicans, with Stitt rounding off a unified state government controlled by right-wing politicians overall.