Bill would require adult websites to confirm age of Ohio users
COLUMBUS, Ohio (WCMH) – Ohio residents would be required to upload photo ID or other age-verifying documentation to access adult websites if a recently introduced bill becomes law.
Under House Bill 84, dubbed “The Innocence Act,” pornography websites and any website that hosts content that is “obscene or harmful to juveniles" would have to verify its visitors are at least 18 years old. The legislation is sponsored by Reps. Steve Demetriou (R-Bainbridge Twp.) and Josh Williams (R-Sylvania Twp.).
“In Ohio, businesses that primarily sell or rent adult content are legally required to verify the age of their customers,” Demetriou said at the bill’s first hearing in February. “The Innocence Act brings this commonsense safeguard into the 21st century."
Under the bill, Ohio users of adult websites would have to prove their age through a copy of a government-issued photo ID or another personal document, such as proof of a mortgage or employment. Companies would be required to “immediately” delete such documents after the age verification is complete unless the user has a subscription or account.
The bill would create a first-degree misdemeanor penalty for each day an adult website fails to verify Ohio users' ages. A first-degree misdemeanor carries a maximum penalty of 180 days in jail and a $1,000 fine per conviction.
The legislation would also establish the right for parents to file a civil lawsuit if a minor is given access to pornographic materials online. In the scenario where a minor in the state falsifies their way past the age verification, the website owner would be protected under the law, as long as they made a genuine attempt to verify the user's age. Children who attempt to access porn would not face penalties under the bill.
If the bill were to pass, adult websites would be responsible for using a system to monitor the location of its visitors to ensure Ohioans' ages are verified.
Demetriou cited multiple studies in support of the bill, including a 2010 study in the scientific journal Aggressive Behavior, which found exposure to violent X-rated content led to an increase in self-reported sexually aggressive behavior. He also noted other findings, including studies that linked porn to heightened feelings of social isolation and sexist attitudes toward women.
“As young children gain more and more access to digital content like this, states like Ohio must act to protect them from harmful materials, as we have with physical media,” Williams said. “By passing HB 84, Ohio would join Texas, Utah, and Kansas in enacting legislation to protect minors from pornographic materials online.”
The bill would additionally increase penalties for revenge porn -- or releasing sexual content of someone without their consent -- as well as deepfake porn, which uses existing photos of someone to create sexual materials using artificial intelligence.
Under the legislation, creating deepfake porn would be classified as a fourth-degree felony for a first offense. For repeat offenders or offenses involving minors, the charge would be upgraded to a third-degree felony. Revenge porn would be classified as a fifth-degree felony, which would be upgraded to a fourth-degree felony for a repeat or child-oriented offense.
These crimes are currently classified as misdemeanors under the law, which Demetriou said is “far too lenient given the serious harm they inflict."
In the previous General Assembly, Demetriou introduced similar legislation under the same name. The bill received support from Ohio Attorney General Dave Yost, the Women's Liberation Front, Ohio Prosecuting Attorneys Association and Center for Christian Virtue.
The only opponent testimony came from Gary Daniels with the American Civil Liberties Union. Daniels only spoke out against the age-verification portion of the legislation, saying over history such laws have been weaponized against movies, magazines, video games, sex education and more.
“There is something to be said about parental control and not involving government, law enforcement, courts, and incarceration,” Daniels said. “Software that filters and/or blocks online content is widely available and inexpensive, much of it free. This allows parents to limit or block access for their own children without requiring the same be done for all minors and without burdening adults.”
The previous bill received four hearings but ultimately did not pass by the end of the legislative session.
Currently, 19 states have passed laws requiring age verification to access online pornography, according to The Age Verification Providers Association. Some adult websites have gone dark in these states, including PornHub, which has blocked access to users in regions that require age verification.
HB 84 was assigned to the Technology and Innovation Committee, where its second hearing will occur on Tuesday. The bill has 25 Republican and three Democrat cosponsors.