Ohio AG Warns Porn Sites of Lawsuits for Violating AV Law

COLUMBUS, Ohio—Ohio Attorney General Dave Yost, an anti-porn Republican, on Wednesday warned major adult websites of legal action if they do not start complying with the state's age verification law that entered force earlier this month. This warning comes after Aylo, the parent company of Pornhub, chose to leave its platform accessible to users in the state's digital space, citing a provision in the law that exempts "interactive computer services."  Pornhub's parent company previously said that it is defined as an "interactive computer service" under Section 230 of the federal Communications Decency Act of 1996, which encompasses "any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server." Section 230 is a federal law that immunizes platforms like Pornhub from the legal liability of third-party users who upload content to their platform. Attorney General Yost's office confirmed that it is issuing Notice of Violation letters to the companies that own allegedly noncompliant pornography websites, warning legal action for failure to comply within 45 days. Yost said, "This duly enacted law protects young, impressionable children from the harms of adult-only material found online. ... It’s time for these companies to explain why they think they’re above the law.” Yost ordered a review of major websites that advertise adult content for compliance with the law. Only one of the 20 websites included in this review complied. “If one company can comply, then all can comply,” Yost said. He explained that pornography platforms like Pornhub are not covered by Section 230 classification. “Intentional noncompliance places minors at risk,” the letters from his office indicate. “We urge you to take immediate corrective action.” Lawrence Walters, an attorney specializing in the First Amendment and representing clients in the adult industry, told AVN, "It is not surprising to see that the Ohio AG is enforcing the age verification rule. Whether the rule is a valid exercise of executive authority and whether it was properly promulgated remains to be seen. Moreover, the rule contains broad exemptions that may insulate many adult platforms, unlike some of the age verification statutes passed in other states. "I expect to see such legal challenges if any civil actions are initiated," Walters added. "However, the rule contains a 45-day notice and cure provision. Therefore, some operators may choose to implement AV procedures in response to any notification rather than litigate with the Ohio AG’s office." Regarding the letter from Yost's office, a spokesperson for Aylo told AVN, "We are reviewing the letter and will provide a detailed response."