To ban or not to ban? This is the question lawmakers around the world are wrestling with. How do we protect children from harmful content online without overstepping into privacy or freedom of speech concerns?<\/p>\n\n\n\n
Arkansas has joined this debate with Act 612 (formerly known as SB 66)<\/strong> \u2013 its age verification law for online content deemed \u201charmful to minors\u201d. This law officially took effect on July 31, 2023<\/strong>, making Arkansas one of the first states to mandate age checks for adult or sexually explicit material. While the law has sparked heated discussions with supporters calling it a safeguard for children and critics warning of privacy and free speech concerns, it is now in effect.<\/p>\n\n\n\n Act 612 places a legal obligation on websites, excluding social media platforms, that publish adult or harmful material to verify that visitors are at least 18 years old.<\/p>\n\n\n\n Adult content providers and websites where at least one-third of their content is considered \u201charmful to minors\u201d.<\/p>\n\n\n\n By requiring users to provide a government ID or a digitized ID, such as a digital copy of a driver’s license. Alternatively, use of any commercially reasonable age <\/a>verification<\/a> system<\/a> that meets the Identity Assurance Level 2 (IAL2) standard. Notably, Arkansas Act 612 does not require parental consent<\/a>. <\/p>\n\n\n\n If age verification<\/a> is performed by a third-party vendor, the commercial entity must not retain any identifying information of the individual once access is granted.<\/p>\n\n\n\n Publishers and distributors of harmful material are liable if they fail to perform reasonable age verification and a minor gains access, including penalties for damages, court costs, and attorney’s fees.<\/p>\n\n\n\n It’s important to stress that Act 612 is focused squarely on pornography and adult entertainment platforms<\/strong>. Unlike earlier proposals, it does not apply to social media platforms<\/strong> (we\u2019ll get to that later).<\/p>\n\n\n\n Arkansas is far from being alone in introducing age verification for adult content<\/a>.<\/p>\n\n\n\n Other US States<\/strong><\/p>\n\n\n\n The pattern is clear: US states are experimenting with laws that force adult websites to take on gatekeeper roles, sparking both constitutional lawsuits and the adult entertainment industry backlash that feels that their constitutional rights are being infringed upon.<\/p>\n\n\n\n Certainly we all want to protect young people from harmful content before they\u2019re ready to see it. \u2026 [However,] age check laws raise significant privacy and speech concerns, not only for young people themselves, but also for all users of the internet. \u2026 The only way to make sure we are age verifying anyone under 18 is to also age verify everyone over 18. And that could have significant impacts on the speech and privacy rights of adults.<\/em>\u201d Jennifer Huddleston, Senior Technology Policy Fellow at the Cato Institute<\/a>. <\/p>\n<\/blockquote>\n\n\n\n Internationally<\/strong><\/p>\n\n\n\n Arkansas\u2019s Act 612 fits into this global wave of age-gating<\/a> laws, but like others, it faces the tension between the desire to protect minors and protection of free speech rights.<\/p>\n\n\n\nKey Requirements of Act 612 (SB 66)<\/strong><\/h2>\n\n\n\n
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Age Verification Laws in the US and Worldwide<\/strong><\/h2>\n\n\n\n
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