Aylo, the corporate giant behind Pornhub, has decisively blocked access to its platform in Texas. This action comes in the wake of the United States Court of Appeals for the 5th Circuit upholding Texas’s divisive age verification law. Aylo’s stance, outlined in a public statement accessible to would-be Texas-based users, underscores a clash between legislative actions and the right to freely access information online.
“Your elected officials in Texas are mandating age verification for website access,” Aylo communicated, hinting at a broader debate over adult content access and minor protection online. Aylo criticizes the Texas law, known as HB 1181, for what it views as a heavy-handed approach that compromises adult freedoms under the guise of minor safety. “This method,” Aylo argues, “is the least effective and most restrictive means of achieving its stated goals, thereby failing strict scrutiny.”
Alexzandra Kekesi, Aylo’s VP for Brand and Community, in an exclusive dialogue with XBIZ, declared the company’s compliance with HB 1181 through this blockade. Yet, she did not mince words when labeling the law as “ineffective, haphazard, and dangerous,” forecasting that it would neither safeguard children as intended nor preserve the livelihoods of legal adult content creators.
Kekesi painted a bleak picture for content creators who stand to lose significantly as their artistic expressions—and incomes—suffer from the cutoff of millions of Texas users now barred from the platform. She warned against a reactive cycle where users, thwarted by stringent laws, turn to alternative, potentially non-compliant platforms, thus undermining the law’s protective intent.
The debate around HB 1181—enforced by Attorney General Ken Paxton since February, wielding a hefty $1.6 million lawsuit against Aylo—centers on the mandatory age verification for users accessing “harmful” or “obscene” material online, with a penalty of $10,000 per infringement. Aylo’s firm rebuttal proposes a device-based age verification system as a more balanced solution, ensuring both minor protection and adult privacy.
As Aylo takes this unprecedented step, backed by a commitment to comply with the law while advocating for more nuanced, effective protective measures, the digital world watches. The stand-off in Texas not only highlights the tension between digital freedoms and protective legislations but also sets a precedent for how global governments and digital platforms navigate the complex terrain of online safety and privacy.
Anyone from Texas who visits the website gets this message.
Dear user,
As you may know, your elected officials in Texas are requiring us to verify your age before allowing you access to our website. Not only does this impinge on the rights of adults to access protected speech, it fails strict scrutiny by employing the least effective and yet also most restrictive means of accomplishing Texas’s stated purpose of allegedly protecting minors.
While safety and compliance are at the forefront of our mission, providing identification every time you want to visit an adult platform is not an effective solution for protecting users online, and in fact, will put minors and your privacy at risk.
Attempting to mandate age verification without any means to enforce at scale gives platforms the choice to comply or not, leaving thousands of platforms open and accessible. As we’ve seen in other states, such bills have failed to protect minors, by driving users from those few websites which comply, to the thousands of websites, with far fewer safety measures in place, which do not comply. Very few sites are able to compare to the robust Trust and Safety measures we currently have in place. To protect minors and user privacy, any legislation must be enforced against all platforms offering adult content.
Unfortunately, the Texas law for age verification is ineffective, haphazard, and dangerous. Not only will it not actually protect children, but it will also inevitably reduce content creators’ ability to post and distribute legal adult content and directly impact their ability to share the artistic messages they want to convey with it.
The safety of our users is one of our biggest concerns. We believe that the only effective solution for protecting minors and adults alike is to verify users’ age on their device and to either deny or allow access to age-restricted materials and websites based on that verification.
We call on all adult sites to comply with the law. Until the real solution is offered, we have made the difficult decision to completely disable access to our website in Texas. In doing so, we are complying with the law, as we always do, but hope that governments around the world will implement laws that actually protect the safety and security of users.
We encourage you to:
- Learn more about device-based age verification* solutions that make the internet safer while also respecting your privacy.
- Contact your representatives and demand device-based verification solutions that make the internet safer while also respecting your privacy.
*Device-Based Age Verification refers to any approach to age verification where the personal information that is used to verify the user’s age is either shared in-person at an authorized retailer, inputted locally into the user’s device, or stored on a network controlled by the device manufacturer or the supplier of the device’s operating system. Whether through pre-installed content blocking and filtering software, the disabling of web-browsing permissions, or other means, the user will then be prevented from accessing age-restricted content over the internet unless they are age-verified. To come to fruition, such an approach requires the cooperation of manufacturers and operating-system providers.