Walters: Fla. 'Revenge Porn' Bill Is Vague, Overbroad

TALLAHASSEE, Fla. — The Florida "revenge porn" bill cleared another commitee yesterday, advancing the piece of legislation past three House of Representatives panels and bumping up the possibility that the online adult biz will face more government regulation.

On Tuesday, Florida's Judiciary Committee, 16-0, voted to move HB 787 further along. The bill already has cleared by unanimous vote the Criminal Justice and Justice Appropriations Subcommittee. A companion bill in the Senate, SB 946, which mirrors HB 787, has passed two panels unanimously as well.

HB 787 "prohibits knowing use of [content] that depicts nudity and contains any of depicted individual's personal identification information or counterfeit or fictitious information purporting to be such personal identification information, without first obtaining depicted person's written consent."

Adult industry attorney Larry Walters, who heads up Walters Law Group, says his firm represents many adult clients who have expressed concern that the enactment of HB 787 would result in a variety of unintended consequences and increased legal exposure for their business operations.

Walters noted the proposed statute appears to be both vague and overbroad, in violation of the First and Fourteenth Amendments.

"When faced with a choice of continuing to enforce some level of publishing standards or incurring potential criminal liability under the proposed Florida statute, service providers may well dispense with any level of review or editorial moderation to avoid potential liability," Walters said in a legal memorandum last month. "This would result in the presumably unintended consequence of permitting the publication of widespread, un-moderated content on social networking sites throughout the nation.

"Alternatively, popular online service providers could choose not to make their services available in Florida, or to Florida residents. Notably, the statute seeks to assert jurisdiction over any violator if the harm to the victim’s privacy interests occurs in the State of Florida. Naturally, this would potentially include any website operator or social networking service that makes its content available in the State of Florida (i.e., nearly all of them.)."

The bill's proposal, authored by state Rep. Tom Goodson, R-Titusville, provides for enhanced penalties for violations involving the posting of victims younger than 16 years of age and would target perpetrators who reside out of state but post online content involving offended in-state residents.

Violators of HB 787, if passed, would be subject to a third-degree felony that is punishable by up to five years in prison, five years probation and a $5,000 fine.

View Larry Walters' memo on HB 787

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

Tera Patrick to Host 2025 XMAs Red Carpet Livestream

Adult industry icon Tera Patrick has been tapped to host the 2025 XMAs red carpet preshow livestream, marking another milestone in her storied career.

2025 XBIZ Show Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ LA, the latest edition of North America’s largest adult industry conference, set to take place Jan. 13-16 at the Kimpton Everly Hotel in Hollywood.

FSC: Tennessee Age Verification Law Goes Into Effect as Appeals Court Grants Stay

Free Speech Coalition (FSC) has released a statement regarding the Protect Tennessee Minors Act, the state's new age verification law, which will now go into effect because the 6th Circuit Court of Appeals has lifted a district court's preliminary injunction against enforcement.

Adult Creative Debuts 'Fans4u' Fansite Template

Web design and marketing firm Adult Creative has launched its new Fans4u fansite template.

FSC Publishes Its 2024 Annual Report

The Free Speech Coalition (FSC) has announced the publication of its annual report for 2024.

Director Andrew Blake Relaunches Site

Famed veteran director Andrew Blake has relaunched his official website.

Eva Maxim Leads AEBN's 'Top 10 Trans Stars' of 2024

AEBN has revealed its top trans stars of 2024 based on scene and movie sales, with Eva Maxim in the number one spot.

Pineapple Support Launches 'Spill the Tea Romania' Event Series

Pineapple Support has launched the Spill the Tea Romania community event.

Segpay Adds SEPA Payment Solution

Segpay has added a SEPA (Single Euro Payments Area) option to its direct payments solutions.

Hentaied Launches Fetish Sites Smoking Hawt, Tickling Launch

Two new fetish paysites, SmokingHawt.com and Tickling.com, have officially launched from the creator of Hentaied.com."Smoking has always been one of the most popular fetishes," said a rep. "The ability to get off just by watching someone smoke is one of the oldest fetishes."

Show More