Backpage Wins TRO Over Wash. Age-Verification Law

SEATTLE — A federal judge has sided with Backpage.com over a Washington state child sex-trafficking law that would require online publishers to verify the age of those shown in sex ads.

Backpage.com's parent company, Village Voice Media, had claimed the law, which was due to take effect today, "would bring the practice of hosting third-party content to a grinding halt."

U.S. District Judge Ricardo Martinez in Seattle this week granted a temporary restraining order to put a halt to the statute, ruling that he'd hear arguments over it at a preliminary injunction hearing June 15.

SB 6251 would force, by threat of five years imprisonment and a $10,000 fine per violation, websites to become the government’s censors of user content, Backpage attorneys said in the suit filed Monday.

"The law expressly states that it is not a defense that the defendant did not  know that the image was of a minor," Backpage counsel said. "Instead, to avoid prosecution, the defendant must  obtain governmental or educational identification for the person depicted in the post.

"This means that every service provider — no matter where headquartered or operated — must review each and every piece of third-party content posted on or through its service to determine whether it is an 'implicit' ad for a commercial sex act in Washington, and whether it includes a depiction of a person, and, if so, must obtain and maintain a record of the person’s ID."

In the suit, Backpage said that SB 6251 contravenes Section 230 of the Communications Decency Act, which prohibits Internet service providers from being treated as the publisher or speaker of any information provided by a third party.

Backpage also said that the state was trampling on the Constitutional rights because the statute imposes strict criminal liability on speech and that the Commerce Clause prohibits states from passing and enforcing legislation that regulate activity beyond the state’s borders.

Backpage, its counsel say, has resisted demands to eliminate its adult category, maintaining that selective online censorship is not a solution to trafficking and child exploitation and that technology and responsible leadership in businesses can help address these problems.

Backpage counsel noted that other states are poised to follow Washington’s lead. A similar law will soon take effect in Tennessee, and the legislatures in New York and New Jersey are considering analogous bills.

View Backpage's complaint

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

YouPay Releases Results of 2024 Spring Creator Survey

YouPay released the results of its 2024 Spring Creator Survey, highlighting the key activities and requirements for the creator community using gifting as an engagement approach with their fans.

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, has released a new roadmap for implementing age verification in accordance with the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex-work and anti-porn Socialist Party (PSOE) government, led by Prime Minister Pedro Sánchez, has unveiled a new age verification app that will become mandatory for accessing adult content in the country starting in September.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

Show More