Experts break down reasons new porn laws are going to 'destroy the internet'
Republican senator of Utah, Mike Lee, and representative of Illinois, Mary Miller, have proposed changes to the way 'obscene' is defined
A ban on NFSW content could have some serious implications, according to the experts.
Age verification laws on the internet have been discussed for some time; however, a few have recently become a reality for some countries.
Most notably, the UK introduced the Online Safety Act, a bill which was first put forth in 2023 before coming into force on July 25, in a bid to make it less easy for children to access adult material, such as pornography.
So if you want to view some porn, then you'd best be ready to prove your age via a few different methods, such as photo checks and credit card checks.
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And the UK isn't the only country looking to restrict access to NSFW content online. Earlier this year, a bill was suggested by Republican Senator of Utah, Mike Lee, and Representative of Illinois, Mary Miller, titled the Interstate Obscenity Definition Act, which would clamp down on ‘obscene content’ online.
This bill would ensure that anything deemed ‘obscene’ would be handled at a federal level. Last week, the bill was put before a committee to review, PinkNews reports. But what would it mean if it were to be passed?
What is the Miller Test?
The Miller Test comes from the 1973 Supreme Court ruling in Miller v California and is a 'three-pronged approach' to determine whether something is obscene and not protected by the First Amendment.
If the content is deemed to be obscene, then it can be prohibited from consumption.
Some of the criteria include it being appealing to ‘prurient interests’, if it ‘depicts of describes sexual conduct in a patently offensive way’, and whether it ‘lacks serious literary, artistic, political, or scientific value’.
However, it's the second prong that Miller and Lee wish to change.
What would the Interstate Obscenity Definition Act do?
The bill's main argument is that the current definition of obscenity is 'difficult to assess and prosecute', and therefore it's not easy to 'apply with certainty to any given material'.
By modifying the second prong of the Miller Test, the bill would target content that can be interpreted as potentially harmful to minors, including graphic information and imagery.
Lee’s website states that the Interstate Obscenity Definition Act (IODA) 'clarifies the definition of obscenity across all states and provides updated descriptions suited to modern content.’
Lee's website said the 'new definition' would 'remove dependence on ever-changing and elusive public opinion, replacing ambiguity with practical standards to make obscenity identifiable'.
What is defined as obscenity in the bill?
Obscenity would be presented within the Communications Act of 1934 as anything online that is 'taken as a whole, appeals to the prurient interest in nudity, sex, or excretion'.
Also, if it 'depicts, describes or represents actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person' and also 'taken as a whole, lacks serious literary, artistic, political, or scientific value'.
This could be porn, suggestive content, fetishizing natures, or things that are a little less lewd- like PDF versions of spicy books like 50 Shades of Grey.
What effects could the Interstate Obscenity Definition Act have on the internet?
If this bill were to be passed, then it could mean that anyone distributing content deemed obscene may face prosecution.
"Under IODA, law enforcement will be empowered to identify and prevent obscenity from being transmitted across state lines," the bill states.
However, while the main objective is to restrict children's access to online porn, changing the definition of obscenity could stretch outside the world of adult material.
Mike Stabile, director of public policy at adult industry trade organization, the Free Speech Coalition, told Mashable that the recent rollout of the UK's Online Safety Act has shown how 'disastrous this type of regulation can be', as social media websites such as Reddit, X, and Discord are also being affected.
Stabile continues: "People are going to attempt to restrict the internet even more aggressively. I think people are going to work to restrict all sorts of content, particularly LGBTQ content, but also content that is broadly defined as any sort of threat or propaganda to minors."
Meanwhile, Eric Goldman, law professor at the Santa Clara University School of Law, said people would find ways around it, as he said: "Censorship begets censorship. If you're going to do censorship round one, people are going to try and evade it."
Stabile also goes on to say that the adult industry is 'like a weed', adding: "It is adept at growing in really hostile circumstances and figuring out ways to exploit the cracks and the resources that are available to survive."
Topics: Adult Industry, Politics, US News
Britt Jones