A new age verification law in North Carolina, enacted on January 1, 2024, has prompted Pornhub to block access to its content in the state. Religious conservative groups supporting the legislation have described it as an "anti-pornography provision."

Legislative Background and Enforcement

The North Carolina Senate unanimously voted to mandate age verification on adult websites last Thursday, September 21, 2023. This measure was introduced as an amendment to House Bill 8 by Senator Amy Galey (R-Alamance). House Bill 8 initially proposed adding a computer science class to the state's high school graduation requirements. Senator Galey's amendment incorporated language inspired by similar laws in other states.

On Friday, September 22, 2023, the amendment was ratified by the House and subsequently sent to Governor Roy Cooper (D) for signing into law. The legislation, also known as the "Pornography Age Verification Act" or "PAVE Act," requires companies distributing sexually explicit material to use a commercially available database to verify users are 18 years of age or older. These companies are prohibited from retaining identifying information.

Senator Galey stated that her amendment aimed to "protect our children." She also noted that overall traffic to adult websites in Louisiana dropped 80% after that state's age verification law passed. Lawmakers approved HB8 with votes of 102-8 in the House and 47-0 in the Senate. The eight "no" votes in the House came from Democratic Representatives John Autry of Mecklenburg County, Deb Butler of New Hanover County, Pricey Harrison of Guilford, Caleb Rudow of Buncombe, Allison Dahle, Tim Longest, and Julie Von Haefen of Wake County.

Industry Response and Advocacy Group Stance

Effective January 1, 2024, the new North Carolina law requires pornography websites to proactively verify the age of users. In response, Pornhub, described as the world's most popular free porn website, has blocked access to its content across North Carolina. Adult performer Cherie DeVille stated in a video on the site that mandating age verification without proper enforcement could lead to less online safety, driving traffic to sites with fewer safety measures.

The NC Values Coalition, a religious conservative group, has endorsed the age verification measure. On Monday, September 25, 2023, local news site The Center Square North Carolina published statements from the group. Laura Macklem, the group’s political director, told The Center Square that "This is an important issue for NC Values, and we applaud Senator Galey for taking leadership with this amendment to protect minors from pornography. NC Values will be watching to make certain the anti-pornography provision in HB8 is enforced, and we will be there for support in the face of any legal challenges."

The N.C. Family Policy Council, a faith-based group, also supports the law, advocating for Biblical ideals in public policy. The council refers to online pornography as a "public health epidemic" that can "fuel violence and abuse" and harm relationships.

Broader Implications and Conservative Objectives

Conservative anti-pornography advocates have indicated that state-by-state age verification laws are part of a larger strategy. These laws are viewed as a stepping stone in an organized effort to ban all adult content online and to revive obscenity prosecutions. This perspective aligns with statements from groups like the NC Values Coalition, which has acknowledged the age verification provision in HB8 as an "anti-pornography provision."

The NC Values Coalition is a Christian conservative organization that has campaigned against abortion rights and LGBTQ+ rights in North Carolina. The group's leaders, Tami Fitzgerald and Mary Summa, have campaigned against various civil rights measures, including the Equal Rights Amendment (ERA) for women and equal rights for trans North Carolinians. The group's acknowledgment that the age verification provision targets all legal pornography for adults is part of a trend among right-wing activists. This trend includes editorials referring to such bills as "anti-Pornhub laws" and statements from Terry Schilling of the American Principles Project (APP), who has discussed his involvement in crafting and passing state age verification laws as a path to reinstitute federal obscenity prosecutions following the inauguration of the next Republican president.

Key Facts

  • North Carolina's new age verification law for adult websites took effect on January 1, 2024.
  • Pornhub has blocked access to its content in North Carolina in response to the new law.
  • The legislation, known as the "Pornography Age Verification Act" or "PAVE Act," was inserted into House Bill 8 by Senator Amy Galey.
  • The NC Values Coalition and N.C. Family Policy Council, religious conservative groups, support the law, with the NC Values Coalition calling it an "anti-pornography provision."
  • Senator Galey cited an 80% drop in adult website traffic in Louisiana after its age verification law passed.
  • Conservative advocates view these state laws as a step toward banning all online adult content and reviving obscenity prosecutions.