Senate Approves Web Labeling; Bill Faces House Battle

WASHINGTON — The U.S. Senate Commerce Committee, with the backing of the Bush administration, approved an amendment to a wide-ranging telecommunications bill that would require mandatory website labeling on pages that contain explicit sexual images.

The entire communications bill still has a way to go before it can be signed into law, however. It must receive a final vote from the commerce committee and then the full Senate. The bill also would have to be reconciled with a House of Representatives version, championed by John Kyl, R-Ariz., which does not contain a mandatory labeling provision.

Both proposals were prompted by a speech from Attorney General Alberto Gonzales in April, who called on Congress to act quickly to “prevent people from inadvertently stumbling across pornographic images on the Internet.”

According to CNET News, which has seen a copy of the bill, websites must not place sexually graphic images on their homepage, and they must rate “each page or screen of the website that does contain sexually explicit material,” according to a system to be determined by the Federal Trade Commission.

Webmasters who fail to properly label their sites would face up to five years in prison, according to the proposal.

“This will protect children from accidentally typing in the wrong address and immediately viewing indecent material,” Sen. Conrad Burns, R-Mont., said. “[Politicians] have to take a bold step in this world of danger to our kids, and there are some people out there who prey on young children and they use the Internet and other methods to feed their sickness.”

First Amendment Attorney Lawrence G. Walters offers a different point of view.

“Forcing speech on a publisher is problematic,” Walters told XBIZ. “I’m not against voluntary labeling. In fact, we need to do that to ward off government regulation. Many adult sites label their content with warning pages, but it might not have been widespread enough. I think the government will find that voluntary labeling is pervasive among adult sites, but we don’t have a uniform system. Most adult sites already comply.”

Walters mentioned the video game, music and movie industries as examples of the effective use of self-labeling.

“Unfortunately, web content has been fractured and inconsistent with labeling because of how unwieldy the international web is,” Walters said, citing the Internet’s tremendous worldwide scope and operations. “Depending on the final wording — and it still has a long way to go yet — I think this [bill] would technically be hard to enforce given how much content is out there. It’s unfortunate the adult industry couldn’t do enough to head off this type of legislation.

Copyright © 2025 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

German Court Puts PornHub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Show More