This week, four cases were initiated in Kansas, aiming to hold a pornographic website accountable for not adhering to state laws that mandate the implementation of age verification systems. Currently, there are no federal regulations requiring these sites to check users’ ages.
The lawsuit, brought forth by the National Center for Sexual Exploitation (NCOSE) and a Kansas law firm, is a significant step. As noted by NCOSE’s general advisor, it represents, as far as I can tell, the first time minors are seeking legal recourse based on state laws regarding age verification for adult websites.
Kansas is among roughly 20 states that have adopted laws pertaining to age verification for pornographic sites, following Louisiana’s lead earlier this year.
“Kansas law permits individuals to exercise their rights, allowing both individuals and organizations to pursue legal action against businesses operating illicitly online,” remarked Kansas Attorney General Chris Kobach. Earlier this year, he initiated a lawsuit against a pornographic site due to inadequate age-checking mechanisms, an ongoing issue.
“I think this combination of actions from my office and the private lawsuit shows the law’s effectiveness, as Congress intended,” he remarked.
NCOSE’s lawsuit represents a minor child whose mother took extensive precautions to shield her 14-year-old from exposure to adult websites. However, she later discovered her child accessed these sites via an outdated laptop. The complaints indicate that online algorithms managed by these sites’ parent companies may have directed teenagers to at least two adult websites.
NCOSE emphasizes that pornography can be detrimental to children, arguing it disrupts their natural sexual development and may be linked to sexual violence and various health concerns.
“Parents might believe they’re taking all the right steps,” noted Benjamin Bull, legal counsel for NCOSE. “But it’s not just about blocking access; it’s also about the moments children can access it.”
“They’ll find a way, whether it’s through friends at school or some other unexpected source,” he added. It seems there’s a pressing need for actual age verification mechanisms to be enforced.
Interestingly, at least one of the sites involved claims to have an age verification system, which the lawsuit argues is easily circumvented and doesn’t comply with Kansas regulations.
Multi Media LLC, which owns Chaturbate, labeled the Kansas lawsuit as “completely unfounded,” asserting that the site complies fully with existing laws.
“We’ve looked into these claims thoroughly, and our investigations found no instances of underage individuals accessing adult content,” said a spokesperson. They emphasized their commitment to publishing material only for consenting adults. Since the law took effect, they have instituted measures to verify adult status for visitors from Kansas who haven’t previously authenticated their age.
Meanwhile, Attorney General Kobach expressed that the ongoing lawsuit, involving the mother and her 14-year-old child, indicates the law is functioning as it should. “From my viewpoint, businesses shouldn’t allow minors access when technology exists to prevent it,” he noted.
The parties involved in this legal action are pursuing statutory damages exceeding $50,000 for each violation across the four lawsuits, along with actual damages, attorney fees, and whatever relief the court deems appropriate.
