“It’s a lot more complex than showing your ID before you enter a pub,” said Aliya Bhatia, a policy analyst at the Center for Democracy and Technology, a Washington think tank that has received some funding from tech companies. She said the U.K.’s law “rests on two false notions: that there’s a silver bullet — an easy, rights-respecting, affordable way to do age verification online — and that users don’t care about their rights and privacy.”
Pornhub’s compliance with age check laws could cost it more than $13 million a day, an Indiana judge said last year. (Leon Neal/Getty Images)
To evaluate the early effectiveness of the law’s rollout, The Post gathered U.K. visitor estimates over the past year for 90 of the largest porn sites as ranked by the market intelligence firm Similarweb. The Post then used a software tool known as a virtual private network, or VPN, to appear online as a U.K. user and check whether the sites verified a visitor’s age.
The analysis found that 14 sites didn’t do an age check, and that all 14 had seen major boosts in their traffic from U.K. users. One explicit site saw its U.K. visitor count double since last August, to more than 350,000 visits this month.
Even the sites attempting to comply with the law showed some odd or awkward results. Several sites showed explicit ads and thumbnail images, or allowed visitors to watch the first few minutes of its videos before prompting for their age.
Many of the sites voiced outrage at the law, linking to an unsigned
porn-industry blog post on the “scam of age verification” that said lawmakers should push for better parental controls instead of “mass surveillance and regulatory theater.”
Other sites instructed users how to navigate around the age gate by, for instance, using a special browser called Tor, which was built to browse what’s known as the “dark web.” One site directed British users to sign a
petition urging Parliament to repeal the law alongside the comment, “Ur gov is dumb.”
The Post shared its findings with the U.K.’s internet regulator, Ofcom, which declined to comment on individual sites. The agency said late last month that it had
launched four investigations into porn companies over whether they had complied with the age-check rule, but only one of the 14 sites identified in The Post’s analysis was named in those cases.
An Ofcom spokesperson said the agency is monitoring daily user numbers for thousands of porn sites and added that certain indicators — including sites that saw huge swells of traffic or that encouraged circumventing the law — would play a role for investigators in deciding which companies to prioritize.
Ofcom representatives have met with officials in the adult-entertainment world — including at a porn-industry conference last year in Los Angeles, called XBIZ — in hopes of boosting compliance. The regulator has warned that it could impose penalties in the tens of millions of dollars on noncompliant sites and, in the most serious cases, forbid advertisers or internet service companies from working with the sites, effectively shutting them down.
The industry, however, remains divided over how well the law will work. Aylo, the owner of Pornhub, said in a
statement last month that it believed in Ofcom’s “intent and ability” but that similar laws in other places were failing. Viewers who refuse to verify their age don’t stop looking for adult content, the company said; they just move on to more unmoderated and “irresponsible platforms.”
Some site owners have warned that copycat porn services that are “openly hostile to enforcement” will just mask their operations and multiply so they can sidestep regulatory action. A porn-industry
blog post estimated that thousands of “clones” of their sites were already stealing their content and were “soon to be massively rewarded.”
Some sites have also vowed to fight the law in court. The anonymous message boards ***** and Kiwi Farms sued Ofcom in U.S. District Court for D.C. on Wednesday, saying the British regulator’s threats to fine the American companies violated their First Amendment rights to host content from users who declined to share their ages. “American citizens do not surrender our constitutional rights just because Ofcom sends us an e-mail,” Preston Byrne, a lawyer for *****, said in an emailed statement.
An Ofcom spokesperson said any service visited by a significant number of U.K. users must comply with the law, “no matter where in the world it is based.”
Several U.S. states have gone beyond targeting adult-content sites, passing age-check laws for users to access social media. Most of them are being challenged in court and have yet to take effect. The Supreme Court this month declined to block one of the more aggressive laws, in Mississippi, which demands that all social media platforms identify the name and age of any user in the state and get a parent’s permission for anyone younger than 18.
The state argued the law asked only for “efforts of reasonable care based on a platform’s resources,” but it has already led to its own ripple effects. Bluesky
said last week it would block access to Mississippi users rather than shoulder the “substantial” age-check costs that “can easily overwhelm smaller providers.” Ashton Pittman, the editor of the Mississippi Free Press, a news outlet that had built a robust audience on Bluesky, wrote in a
column that the move had severely undermined its ability to promote its reporting.
More laws could be on their way. Last month, South Dakota and Wyoming began requiring age verification for all websites hosting anything that could be deemed “harmful to minors,” a loose definition that the civil liberties group Electronic Frontier Foundation has warned could include Barnes & Noble and Netflix. Wyoming’s law, the group
noted, also says parents can sue any website they think is violating the law, “effectively turning anyone into a potential content cop.”
In the U.K., officials have celebrated their age-gate law’s first weeks of enforcement. But they have also urged people to think twice before looking for a way around the scans, including by using VPNs, which people can use to pretend they’re logging in from another country.
Peter Kyle, a member of Parliament and the British government’s secretary of state for science, innovation and technology,
said in a BBC appearance last month that the law represented the “biggest step forward in child safety since the internet was created” and told “everybody who’s out there thinking of using VPNs … let’s just not try and find a way around.”
The message was received — but likely not how he wanted. In the days afterward, VPN apps
soared to the top of the country’s app-store download charts.
“The government getting on national TV to warn that VPNs let people slip past age verification,” Scott-Railton said, “might be the slickest free advertising the VPN industry has ever received.”