Missouri AG establishes first-in-the-nation age verification rule for porn

Missouri will become the first state to require dual age verification for internet users who access pornographic material online.

The rule, instituted by Missouri Attorney General Andrew Bailey, requires users who are accessing commercial porn sites to verify their age, not just on the website, but on the device that is accessing the website.

“This is about making Missouri the safest state in the nation for kids,” Bailey said in a statement. “Missouri is leading the way by going beyond surface-level protections, implementing a two-layer verification process that ensures minors are kept out – and adult privacy is respected.” 

The rule will help enforce existing statutes that are supposed to prevent the distribution of pornographic materials to minors in the state. 

An age-verification rule is necessary not only because companies are flouting Missouri law, according to the new rule’s explanation, but also to give parents adequate tools to protect their children from the many harmful effects of viewing pornography. 

According to the AG’s office, studies show that the average age a child first views pornography is between 11 and 12, with over 90% of boys and 60% of girls exposed by their teenage years. 

The internet has enabled companies to skirt compliance with laws protecting minors, which is why access to pornography by minors has exploded in recent years. Between 2006 and 2022, the number of children aged 13 or younger exposed to online pornography doubled, from just over 25% to 54%, according to data supplied by the state. 

“The content they see – often violent, degrading, and extreme – poses serious risks to mental health, emotional development, and future relationships while contributing to greater problems such as sexual exploitation and human trafficking,” said a statement accompanying the announcement of the new rule.  

An additional problem is that most porn sites operate outside the state thus face few consequences for distribution of porn to Missouri minors. 

The rule would even allow authorities to go after operating system developers for violations. Companies not complying with the new rule could be subject to penalties of up to $10,000 per day. 

To protect privacy, the rule requires all data collected during the verification process to be immediately purged, leaving behind no personally identifiable markers. 

“Raising a child is the most important thing anyone will ever do,” said state Rep. Sherri Gallick, who supports the rule. “As adults and mentors, we have a moral obligation to protect children from harm, particularly from bad actors and dangerous situations. In today’s world, one of the greatest threats our children face is online pornography. With access to phones, tablets, and laptops 24/7 – just like many children have – we must do everything we can to protect the most vulnerable.” 

The requirement makes it an “unfair, deceptive, fraudulent, or otherwise unlawful practice,” for any developer of a mobile operating system on at least 10 million devices to not enable age verification.  

The AG’s office has established a process for filing a complaint for violations under the rule, along with enforcement mechanisms. 

The rule was developed under the Missouri Merchandising Practices Act, a consumer protection law, which allows the attorney general to act against deceptive online practices. 

The rule also attempts to protect legitimate First Amendment interests. The age verification requirement does not apply to bona fide news sites, broadcasts or public interest sites that may incidentally publish something normally considered pornographic. 

“This action forces companies to take responsibility,” said Bailey. “We are taking action to make sure Missouri families are not left at the mercy of big tech and international porn conglomerates. If they want to distribute pornography in Missouri, they must prove their users are adults. If they don’t, they won’t be allowed to operate here.” 

The anti-porn rule will be published on May 1 and become operational 90 days later.