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Groundbreaking lawsuits filed in Kansas aim to hold adult websites accountable for bypassing state-mandated age-verification requirements designed to protect minors. These lawsuits, initiated on Monday, represent a significant step in legal efforts to enforce age restrictions on online pornography, where currently, no federal regulations exist to ensure user age verification.
The National Center on Sexual Exploitation (NCOSE) and a local Kansas law firm filed the complaints on behalf of a minor and the child’s mother. This legal maneuver marks the first time minors have sought recourse through state age-verification laws applicable to pornographic websites, indicating a pivotal shift in the fight for child safety online, as noted by NCOSE’s general counsel.
Kansas joins a growing list of approximately 20 states that have implemented similar age-verification laws aimed at adult content websites. Louisiana was the first state to enact such legislation in 2023, signaling a nationwide trend towards stricter controls on online adult content accessibility.
In an interview, Kansas Attorney General Kris Kobach emphasized the importance of these lawsuits. He explained that the law permits private individuals and organizations to file suit against companies that fail to comply with age-verification practices. Kobach himself initiated Kansas’s inaugural lawsuit in January, targeting an adult site for neglecting to provide adequate age verification mechanisms. This case is still in progress.
Kobach stated that the recent legal actions showcase the law’s effectiveness, asserting, “The combination of my office’s first action followed by this private action illustrates that the law is operating as the legislature intended.”
The minor’s mother took extensive measures to ensure her 14-year-old child would not come across pornographic sites. Unfortunately, her efforts were thwarted when the child accessed such websites using an outdated laptop. Digital algorithms from the websites’ parent companies, combined with content-curation tactics, inadvertently directed the teenager to several adult sites, as detailed in the complaints filed by NCOSE.
NCOSE highlights the detrimental effects of pornography on children, linking exposure to disturbances in healthy sexual development and emotional well-being. Research continues to indicate associations between early exposure to pornographic content and increased risks for sexual violence and various other mental health issues.
Raising alarms over children’s exposure to online content, NCOSE General Counsel Benjamin Bull remarked that parents often assume they have taken sufficient precautions to safeguard their children. He stated, “It’s not enough just to try to prevent children from gaining access. This issue boils down to when children will encounter such content.”
He further warned that children often find ways to bypass restrictions, whether through peer sharing or accessing old devices. In cases like these, the importance of stringent age-verification processes becomes critical for protecting children.
Among the adult websites being challenged in the recent lawsuits is Chaturbate. Though the site claims to have an age-verification system in place, the lawsuits allege that it is easily manipulated, failing to meet Kansas’s legal requirements. Multi Media LLC, the parent company of Chaturbate, asserted its compliance with state laws, labeling the lawsuit “completely baseless.”
A spokesperson for Multi Media LLC defended the platform, asserting that no explicit content was accessible to users unable to verify their adult status. The company emphasizes its commitment to safeguarding the integrity of its platform and pointed out that its age verification is operational, requiring visitors from Kansas to submit a government-issued photo ID to gain access.
The company plans to pursue sanctions against the plaintiffs, labeling the lawsuits as frivolous. According to their representation, they had explained the inaccuracies of these claims to the plaintiff’s counsel last November.
In contrast, Attorney General Kobach underscored the achievements of the recent lawsuits concerning the ongoing protection of minors online. He stated, “The key point here is that the laws are functioning as intended, holding companies accountable for making adult content available to minors when technology can prevent such occurrences.”
In their legal actions, the 14-year-old and his mother, assisted by NCOSE, are seeking statutory damages of no less than $50,000 for each violation across the four lawsuits. Furthermore, they are pursuing actual damages, attorney fees, and any other relief deemed appropriate by the court.
As the legal landscape continues to evolve regarding access to adult content online, these lawsuits signify a crucial moment in the push for stronger protections for minors. The outcomes of these cases may set important legal precedents that could shape future policies on age verification for adult websites.
In light of increasing concerns about children’s exposure to inappropriate online content, the attention brought to these issues by state-level actions may catalyze further legal and policy changes across the nation, fostering a safer online environment for all minors.
