Can children access pornography in Texas? That’s what this new state law will prevent
Pornography may be legal in Texas, but not just anyone can access adult content.
Companies that distribute adult content online — either from a website or social media channel — must verify the age of every user before they can access the content, according to a new law recently signed by Gov. Greg Abbott that goes into effect Sept. 1.
House Bill 1181 states that commercial entities that distribute sexual materials online are compelled to verify that users of their site are at least 18 years of age. Verification can either be by digital identification or through a commercial verification system that uses a government I.D. Online pornographic websites must also display health warnings on their platforms.
Here’s what we know about the new law:
Is pornography legal in Texas?
Yes, pornography is legal in Texas.
The viewing, sale, and possession of pornography is legal for anyone in Texas that’s 18 years of age or older. The legality applies to both online and offline content, such as magazines, books or recorded material.
There are a few exceptions:
- Promotion or possession of child pornography under Texas Penal Code 43.26.
- The sale, distribution or display of pornography to minors is also illegal.
How will the new law change pornography use in Texas?
Under the new Texas law, whenever a user accesses an online pornography platform they will be asked to verify that they’re at least 18 years of age or older.
In Louisiana, a similar law was passed compelling users of adult content to authenticate their identity through the state’s app for applying and renewing driver’s licenses, according to The Acadiana Advocate. The app verifies the user’s age through digital identification.
The new Texas law doesn’t make any changes to offline pornographic products, just those that can be reached digitally such as websites or social media channels.
How does age verification work?
Age verification is how companies can stop minors from accessing explicit content online, such as pornography or alcohol sales, according to Trulioo. Essentially, age verification is like showing an I.D. to a cashier before buying alcohol or cigarettes.
Its unclear how platforms will implement these changes for Texas users. Users of adult content will now have to have a form of government-issued identification, transactional data or digital identification to access them.
Why will there be health warnings on these platforms?
Pornographic platforms have to display three health warnings on their landing page. One of those warnings states:
“TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”
The other two warnings have similar messaging about how exposure to this type of content is associated with low self-esteem, emotional illness and demand for prostitution.
Additionally, the number for the U.S. Substance Abuse and Mental Health Services Administration phone number (1-800-662-4357) must be displayed on the landing page, per the bill.
What happens if pornography websites break the new Texas law?
The new law comes with consequences for companies who break it.
- $10,000 per day — If the entity operates an internet website in violation of the age verification requirements.
- $10,000 per instance — When the entity retains identifying information in the verification process.
- An amount no greater than $250,000 — If because of the entity’s violation of the age verification requirements, minors access sexual material.
