Kehoe signs online age verification rule into law, critics call it ‘speech-chilling’
Olivia Hayes
COLUMBIA, Mo. (KMIZ)
Gov. Mike Kehoe on Thursday signed an online age verification rule into a state law.
House Bill 1839 was made official Thursday and now requires age verification for websites that have more than one-third of its content containing sexual material, including social media. The sites would have to use a third-party for age verification.
The rule was initiated by former Attorney General Andrew Bailey and was continued by AG Catherine Hanaway. The law states users can verify their age through a number of ways including: Through digital identification, government-issued identification or transactional data.
The law defines “digital identification” as information stored on a digital network that may be accessed by a commercial entity to provide proof of identity. Transactional data could include records from mortgage, education or employment entities. The law states the third-party age verification companies used cannot retain any identifying information.
The Attorney General’s Office will be in charge of issuing penalties for violators which include:
$10,000 per day that a commercial entity operates a website in violation of the age-verification requirements.
$10,000 per instance when a commercial entity retains identifying information in violation.
An additional amount of not more than $250,000 if one or more minors accessed sexual material harmful to minors in violation of the age verification requirements.
In a statement to ABC 17 News, Hanaway thanked the governor and one of the bill’s sponsors state Rep. Sherri Gallick (R-Cass County).
“Our office is proud to have promulgated and enforced Missouri’s age-verification rule, which prompted Pornhub to stop operating in Missouri – delivering one of the most significant online child-protection victories in our state’s history. House Bill 1839 builds on that success, and Missouri will continue leading the nation in standing with parents, protecting children, and holding pornography websites accountable,” the statement reads.
In response to Thursday’s bill signing, Gallick wrote in a statement to that explicit sexual content can still be found within seconds.
“The average age of first exposure is around 11. Early exposure shapes unrealistic expectations with pornography portraying sometimes violent and degrading sexual behavior. Much of the content is violent and demeaning, especially toward women and children,” Gallick wrote.
On Thursday the website Pornhub was accessible, but a pop up did require users to click one of two options to verify their age: “I am 18 or older – Enter” or “I am under 18 – Exit.”
A message attached also states, “This website contains age-restricted materials including nudity and explicit depictions of sexual activity. By entering you affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the website from and you consent to viewing sexually explicit content.”
The website had previously blocked Missouri users from accessing it in December after the law was announced.
Deputy Legal Director Aaron Mackey of Electronic Frontier Foundation, a First Amendment advocacy group called the legislation a “speech-chilling law.”
“This law is an onerous age-verification mandate that block adults from accessing lawful speech, curtails their ability to be anonymous online, and jeopardizes their data security and privacy,” he said.
The websites will also have to include a two messages on their page to users.
“Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function. Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses. Pornography increases the demand for prostitution, child exploitation, and child pornography,” the first message wrote.
The second message refers users to a helpline through the U.S. Substance Abuse and Mental Health Services Administration.
“This helpline is a free, confidential information service (in English or Spanish) open 24 hours per day, for individuals and family members facing mental health or substance use disorders. The service provides referral to local treatment facilities, support groups and community-based organizations,” the second message reads.
The bill takes effect Friday, Aug. 28.
HB1839 was one of several bills signed into law by Kehoe on Thursday. Others included HB1740, which includes stiffer penalties for driving while intoxicated cases that result in death, including Bentley and Mason’s Law, which requires drivers who cause fatal accidents of parents to hold fiscal responsibility long-term.
It also includes Senate Bill 1421, which asks the “Division of Fire Safety to establish consistent, modern, statewide fire standards for state-inspected facilities, including childcare facilities.”