South Dakota committee endorses age verification requirement for porn sites

PIERRE, S.D. (AP) — A legislative committee in South Dakota has endorsed a proposal requiring age verification before residents can access pornography on the internet.

The Artificial Intelligence and Regulation of Internet Access by Minors study committee said Wednesday that the goal is to protect children from pornographic content, South Dakota Public Broadcasting reported. The measure would be similar to a Texas law that’s currently under review by the U.S. Supreme Court.

The South Dakota proposal would likely be introduced in 2025.

The state Senate earlier this year rejected an age verification requirement, but lawmakers established the interim study committee to examine the topic further.

“We heard from many parties and now have important amendments to make this a better bill. My goal all along was to find something that is constitutional and enforceable,” said state Sen. Helene Duhamel, a Republican and a member of the interim committee.

The bill would require online platforms with pornography to add “reasonable age verification” methods to verify a person is at least 18 by showing a driver’s license, military identification or bank account information. Companies would be prohibited from retaining identifying information.

The Texas law carries fines of up to $10,000 per violation that could be raised to up to $250,000 per violation by a minor.

Last year, a federal judge blocked the law’s age verification requirement and health warnings, finding that they likely violated the U.S. Constitution. In March, a divided panel of the 5th U.S. Circuit Court of Appeals reversed the age verification ruling, although it upheld the health warnings ruling that adult sites can’t be forced to publish statements with which they disagree.

The health warnings, disputed by the industry, included that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.

Similar age verification laws have passed in other states, including Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, Utah and Virginia.