RALEIGH, N.C.—A bill introduced Monday in the North Carolina House proposes a requirement for adult websites to verify that all talent are at least 18 years of age and gave written consent for the content in which they appear to be distributed, news outlet WITN reports.
Filed by Republican Rep. Neal Jackson and co-sponsored by Democractic Rep. Laura Budd, HB 805, dubbed the "Prevent Sexual Exploitation of Women and Minors Act," states that adult website operators "may not publish or allow a user to publish a pornographic image ... unless the operator has verified that each individual appearing in the pornographic image: (1) Was not less than 18 years of age when the pornographic image was created; (2) Has provided explicit written evidence of consent for each act of sexual activity in which the individual engaged during the creation of the pornagraphic image; and (3) Has provided explicit written consent for the distribution of the specific pornographic image."
The bill also requires adult websites to maintain a process for the removal of pornographic imagery at the request of any individual who claims that someone appearing in said imagery did not give consent for it to be distributed. It further notes that adult sites "shall display a prominently visible notice on the website or mobile application ... that provides instructions on how a person can request the removal of a pornographic image," and that if a site receives such a request from "an eligible person," then the image in question must be removed "not later than 72 hours after receiving the request."
Furthermore, HB 805 mandates that adult website operators "shall remove a pornographic image temporarily if any question arises as to the consent of a performer," and that should a removal request come from a performer themself, the imagery "must be removed within 72 hours of the request being made, regardless of the age or consent of the performer."
The bill calls for these requirements to be enforced by the North Carolina attorney general, who it empowers to impose a civil penalty of up to $10,000 per day that a violating image remains on a website. In addition, consent for all sexualy imagery must be obtained via a "consent form created or approved by the Attorney General" that, among other provisions, grants the singnee "the right to withdraw the individual's consent at any time."
The proposed regulations of HB 805 seemingly disregard the federal requirements of 18 U.S. Code Section 2257, which already stipulate that all adult platforms maintain thorough records of performers' legal ages, and with which virtually all adult websites comply.
The bill also seems to imply, by way of its title, that the only sexual exploition of any concern (or perhaps even of any possibility) on the internet is that of women and minors.
Read the full bill here.
