The North Carolina Senate has unanimously voted to mandate age verification for adult websites, following the addition of an amendment to an unrelated bill. This measure, which mirrors laws in other states, now heads back to the state’s House of Representatives for further debate.

Legislative Action and Amendment Details

On Thursday, September 21, 2023, the North Carolina Senate approved a proposal requiring age verification on adult websites. The amendment was introduced by Sen. Amy Galey (R-Alamance) and added to House Bill 8 (HB 8), a measure originally designed to incorporate a computer science class into the state's high school graduation requirements. The Senate vote on the amendment was unanimous.

Local news station WRAL reported that Sen. Galey justified the amendment by stating it was needed "to protect our children." She referenced seven other states that have enacted similar laws and noted that overall traffic to adult websites in Louisiana decreased by 80% after that state’s age verification law was implemented. The Center Square reported that Galey stated on the Senate floor, “Moms and dads across the state of North Carolina are striving to protect their children from online predators in a number of different ways by monitoring their child’s use, by putting parental controls on their electronics. This will give them another important way where they can work to keep their children safe.”

The bill specifies that website owners must utilize a "commercially available database" or "another commercially reasonable method of age and identity verification." It also prohibits website operators and their age verification vendors from retaining information on site users. Additionally, the legislation establishes a process allowing parents whose minor children access pornography online to sue providers. Internet service providers and search engines would not be held liable under this provision.

The proposal, which emerged publicly on Thursday afternoon, was voted on by lawmakers by 11 p.m. that day. The measure passed the North Carolina Senate unanimously, and subsequently passed the House with a vote of 102-8. The eight "no" votes in the House came from Democratic Reps. John Autry of Mecklenburg County, Deb Butler of New Hanover County, Pricey Harrison of Guilford, Caleb Rudow of Buncombe, and Allison Dahle, Tim Longest, and Julie Von Haefen of Wake County.

Broader Context and Industry Concerns

The adult industry trade publication XBIZ has reported that conservative anti-porn advocates have acknowledged that these state-by-state age verification laws are part of an organized effort. These advocates have stated that the laws are a stepping stone toward banning all adult content online and reviving obscenity prosecutions. The legislation, referred to as the Pornography Age Verification Enforcement Act, was successfully amended into HB 8 by Sen. Galey.

The North Carolina General Assembly's vote on Thursday, September 21, 2023, sent the bill to Governor Roy Cooper for signature. The Center Square reported that the approved legislation may face a legal challenge if it becomes law.

Key Facts

  • The North Carolina Senate voted unanimously on Thursday, September 21, 2023, to mandate age verification on adult websites.
  • Sen. Amy Galey (R-Alamance) introduced the amendment, adding it to House Bill 8, which originally concerned computer science graduation requirements.
  • Galey cited the need "to protect our children" and noted an 80% drop in adult website traffic in Louisiana after a similar law passed there.
  • The bill requires website owners to use a "commercially available database" or "another commercially reasonable method of age and identity verification."
  • The legislation prohibits website operators and vendors from retaining user information and allows parents to sue providers if minors access pornography.
  • The measure passed the North Carolina House 102-8 and the Senate 47-0.