One of the biggest networks of adult sites is showing visitors in Texas a popup of a list of unverified, unscientific risks of viewing porn, including that porn is “potentially biologically addictive” and “proven to harm human brain development.”
All sites in the Vixen Media Group network, including the hugely popular Deeper, Blacked, and Vixen, now show the disclaimer, which was outlined in a Texas age verification law, HB 1181, that was signed by governor Greg Abbott in June.
After a group of adult entertainment activists and companies—including the Free Speech Coalition and Mindgeek—filed a complaint against the state claiming that the law was unconstitutional, a district judge agreed to block it from being enacted as scheduled on September 1.
On Vixen’s sites, however, the disclaimer is already up.
The full disclaimer says: “TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function. TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses. TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography.”
Users can click “continue” to close the popup, and the sites don’t require any identity or age verification, which the law also would require if it were enacted.
Also as outlined in the bill, the sites have footers on the homepages that say: “U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE: 1-800-662-HELP (4357) THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS”
It’s not clear how long the disclaimers have been up. It was spotted by Twitter user Austin King on Wednesday and confirmed by 404 Media this morning.
So I just tried to log on to @deeper_official and this popped up. 🤦🏻♂️ pic.twitter.com/k1fvPMHbw0
— Austin King (@AustinKingPC) October 11, 2023
The popup makes claims that aren’t supported by science, including that porn is “biologically” addictive, that it “weakens” brain function,” and that it causes “impaired brain development.” It also conflates porn with child sexual abuse.
“Although these warnings carry the label ‘Texas Health and Human Services,’ it appears that the Texas of Health and Human Services Commission has not made these findings or announcements,” District Judge David Alan Ezra, who agreed to block Texas’ law from being enacted, wrote in his decision on August 31.
He continued:
“More generally, the state has not met its burden that the disclosures are narrowly tailored in general. They require large fonts, multiple warnings, and phone numbers to mental health helplines. But the state provides virtually no evidence that this is an effective method to combat children’s access to sexual material. The messages themselves do not mention health effects on minors. And the language requires a relatively high reading level, such as “potentially biologically addictive,” “desensitizes brain development,” and “increases conditioned responses.” Quite plainly, these are not disclosures that most minors would understand. Moreover, the disclosures are restrictive, impinging on the website’s First Amendment expression by forcing them to speak government messages that have not been shown to reduce or deter minors’ access to pornography.”
HB 1181 is one of several bills being introduced or passed across the country, as copies of Louisiana’s age verification law passed in January 2023.
Earlier this month, Texas asked a Fifth Circuit panel to lift the injunction.
As several of the bills pass into law and further restrict access to adult sites, including in Utah, Arkansas, Virginia and Mississippi, sites are forced to either implement poorly-designed or impossible to enforce age verification systems, or altogether block their content from states where these laws exist. As these laws are pushed forward by anti-porn groups and conservative legislators, the chilling effect is the point, many critics of age verification laws say—and Ezra seemed to agree in his ruling.
“A party cannot speak freely when they must first verify the age of each audience member, and this has a particular chilling effect when the identity of audience members is potentially stored by third parties or the government,” Ezra wrote.
