Age-Verification Laws to Take Effect in Arizona and Ohio

Age-verification laws in Arizona and Ohio will go into effect on September 26 and September 30, respectively. Sites accessible in those states should take efforts to comply with these laws in order to avoid litigation. Information on these and other state age-verification laws can be found at the FSC Action Center.

In brief:

Arizona

Arizona HB 2112 requires sites with more than one-third “sexual material harmful to minors” to age-verify visitors. It is enforced via private civil lawsuits filed by the parent or guardian of a minor who accesses the site.

Ohio

Ohio HB 96 requires any site with a “significant or substantial portion” of material that is “obscene or harmful to juveniles” to age-verify visitors, though it provides an exemption for a  “provider of an interactive computer service.” 

The law is enforced by the Ohio Attorney General, who must provide written notice to entities it believes are in violation of the law. The organization then has 45 days to cure the violations. If it does not, the attorney general's office may seek an injunction in court. No fines are specified by the law and private civil suits are not authorized.

Businesses facing potential liability should review the actual text of these laws and consult with their legal counsel to determine how to comply. Additional information for members is available in Free Speech Coalition’s Age-Verification Toolkit.