Ohio Ag Threatens Action Against Major Adult Sites Over Av Law
According to a news release from the AG's office, Yost ordered a review of 20 "major websites that advertise adult content," which found only one in compliance. None of the 20 sites was named.
"This duly enacted law protects young, impressionable children from the harms of adult-only material found online," Yost said. "It’s time for these companies to explain why they think they’re above the law."
Ohio's AV law was passed as part of an omnibus budget appropriations bill, HB 96, and went into effect Sept. 30. Later that week, Pornhub parent company Aylo announced that, based on the wording of the law, the platform does not view itself as legally subject to its restrictions.
"As a provider of an 'interactive computer service' as defined under Section 230 of the Communications Decency Act, it is our understanding that we are not subject to the obligations under Section 1349.10 of the Ohio Revised Code regarding mandated age verification for the 'interactive computer services' we provide, such as Pornhub," Aylo said in a statement.
Several courts have ruled that Section 230's "interactive computer service" definition applies to platforms such as Google and X.com, protecting them from liability for content published on their sites by third parties.
Adult industry attorney and First Amendment expert Corey D. Silverstein told XBIZ that he's not surprised by Yost's announcement.
"The Ohio AG has made it clear that he's eager to enforce and test the state's AV law," Silverstein said. "Whatever part of the industry isn't already complying with the law should be making compliance a priority."
He added that any websites attempting to apply a single legal strategy across multiple states with different age verification statutes are playing with fire.
"This is a massive mistake that website operators need to remedy immediately," he said.
The Ohio AG's statement alleges that many of the sites reviewed were simply asking visitors if they are over 18, and warns that if the websites receiving the letters don't address the violations listed within 45 days, they could face civil lawsuits brought by Yost's office.
