Protecting Children from Online Pornography with Age Assurance

In today’s digital world, there are laws that protect children from age-inappropriate products and activities, such as gambling and alcohol. Online pornography, however, remains largely unregulated, making it easy for anyone to access, including children and teens.

Studies show alarming statistics about children’s access to porn. Recent data from the U.S. showed that most kids were exposed to porn at 12 years old, with 15% younger than 10.

In a new report produced for Culture Reframed, “Age Assurance and Online Pornography: A Safe and Sensible Way to Protect Children,” Eric Silverman explores age verification efforts around the world, identifying countries that have already implemented age assurance mandates, as well as those that are considering them.

Here, we share highlights from his research, noting the vast difference in regulations and the types of age assurance options that currently exist.

Age Verification in the United States

In June 2022, Louisiana became the first U.S. state to pass a law that allows individuals to sue websites for damages if they provide access to harmful material to minors, including pornography, without proper age verification. Culture Reframed’s Dr. Gail Dines was influential in the passing of this legislation. Similar legislation has been passed or is pending in several other states, with Texas, Montana, Virginia, Arkansas, Mississippi, and Utah adopting laws based on the Louisiana model. Similar bills have been introduced in Oregon and South Carolina.

These laws require “reasonable age verification methods” and the display of health warnings on adult websites, classifying pornography as a health hazard. The American bills have made a significant impact. In Utah, instead of providing age verification requirements, Pornhub chose to block access to all users no matter their age, reflecting Pornhub’s interest in fueling backlash to these laws rather than in protecting children.

What Does Age Assurance Look Like?

Effective age assurance systems are vital to prevent minors from accessing online pornography. The common “I’m-over-18” checkbox is insufficient. More advanced methods are necessary to make age assurance effective.

Various approaches for age assurance are currently used in today’s digital landscape, including uploading government-issued IDs, credit cards, or biometric data. Biometric analysis can involve short videos to confirm the user’s identity and ensure they are not using someone else’s information.

Age verification is typically outsourced to specialized firms, ensuring user privacy by only depositing a verification token on the user’s device. This approach avoids the need for websites to access personal data or know the user’s identity.

Data Protection and Age Verification for Other Industries

As electronic identification (e-IDs) become more widespread, age assurance mechanisms are expected to improve, requiring less personal data. Initiatives like the European Digital Identity (EU eID) in the European Union aim to facilitate various services and promote inclusion, especially in developing nations.

Some industries, like online gambling, already use age verification systems. The pornography industry’s concerns may be influenced by profit protection rather than privacy alone. Laws like the recent Louisiana legislation address privacy concerns by prohibiting the retention of identifying information after age verification.

Some states in the U.S., such as Kansas, have approved the use of third-party platforms such as IDology and Veratad to verify age for online alcohol sales. Delivery services like Drizly and DoorDash electronically verify IDs and ages for alcohol deliveries. Federal U.S. law mandates online tobacco retailers to use government-sourced databases or aggregates for age and identity verification.

Worldwide Age Assurance Breakdown

Here, we provide a list of various age assurance regulations around the world.

Countries that require but have not implemented age assurance:
– Philippines
– France
– Germany
– South Africa

Countries with laws that could support an age assurance requirement:
– Spain
– Luxembourg
– Romania

Countries developing age verification for possible implementation:
– Australia

Countries reviewing legislative proposals for age assurance:
– Slovakia
– Canada
– The United Kingdom

Countries that have hosted recent governmental discussions about age assurance:
– Denmark
– Italy
– Ireland
– New Zealand
– India
– Russian Federation
– Switzerland
– Poland
– European Union

Read the full report: “Age Assurance and Online Pornography: A Safe and Sensible Way to Protect Children”