A New Mexico bill that aims to restrict minors’ access to pornography by requiring age verification (AV) measures for adult websites is facing significant opposition from lawmakers, free speech advocates, and privacy organizations. The bill, introduced by Republican State Rep. John Block (R-Alamogordo), mirrors similar laws passed in conservative states but has stalled in committee due to concerns over privacy risks, constitutional issues, and practical enforcement challenges.

The proposed House Bill 44 (HB 44), officially titled the “Protection of Minors from Distribution of Harmful Materials Act,” seeks to:

• Require age verification on any website where more than one-third of its content is deemed “harmful to minors.”
• Allow website users to verify their age through government-issued photo ID scans, facial recognition, or credit card verification.
• Prohibit businesses performing age verification from retaining users’ personal information.
• Enforce compliance through civil lawsuits, allowing individuals to sue websites that fail to implement AV measures.

Block defended the bill, stating its purpose is to protect children from early exposure to explicit material, citing studies suggesting that the average age of first exposure to pornography is as young as 11 years old.

“It’s mainly about protecting children and how they grow up. We want to make sure they have healthy environments,” Block told the House Commerce and Economic Development Committee.

While some lawmakers praised the bill’s intent, many expressed serious concerns about its broad definitions, enforceability, and potential for constitutional violations.

1. Privacy and Data Security Risks

Organizations such as the American Civil Liberties Union (ACLU) of New Mexico warned that the bill could put users’ personal data at risk by requiring them to submit identification to third-party verification companies.

“We have major concerns with the age verification provision within this bill. Everyone would be required to upload personal data, such as photo ID, with companies that claim to verify their age. … Allowing loosely regulated surveillance of our online activity is dangerous,” said Tatiana Prieto, an ACLU representative.

2. Free Speech and Constitutional Challenges

Legal experts have also questioned the bill’s constitutionality, particularly its potential conflict with the First Amendment. The New Mexico Department of Justice (DOJ) warned that the bill’s broad language could make it vulnerable to legal challenges, particularly given a pending U.S. Supreme Court case, Free Speech Coalition v. Paxton, which is reviewing the constitutionality of Texas’ age verification law for pornography sites.

“Potential constitutional issues involved in HB 44 are unresolved at this time,” the New Mexico DOJ noted in its analysis.

3. Effectiveness and Overreach Concerns

Critics argue that HB 44’s definition of explicit content is too vague and subjective, raising concerns about how sites would determine whether more than one-third of their content qualifies as “harmful to minors.”

Rep. Janelle Anyanonu (D-Albuquerque) pointed out that the bill’s language is too broad and could impact access to legitimate sexual health resources, LGBTQ+ content, and other educational materials.

“Given the language of the bill in its present form, it’s far too broad, and it’s very easy to get around,” she said.

Other legislators questioned whether civil lawsuits are the best enforcement method, particularly since this “bounty hunter” style enforcement has been used in other states to bypass constitutional challenges.

4. Industry Reactions and Website Blocks

Block himself acknowledged that similar bills in other states have led major pornography websites—like Pornhub—to block access entirely rather than comply.

“Sites like Pornhub have just closed their doors because they don’t want to have to comply,” Block said.

However, Rep. Linda Serrato (D-Santa Fe) pushed back against that assertion, suggesting that the real issue is that these laws make compliance too difficult and broad.

“Pornhub’s decision more likely demonstrates that the language in those bills was too broad and made compliance too difficult,” Serrato argued.

After a lengthy debate, the House Commerce and Economic Development Committee declined to hold a vote on HB 44, instead sending it back for revisions. Lawmakers urged Block to narrow the bill’s scope, address privacy risks, and consider alternative solutions such as parental control education and device-based age restrictions.

While HB 44 is not dead, it faces an uphill battle in a Democrat-controlled legislature, especially given the mounting legal challenges against similar laws nationwide.