Age Verification Laws and Regulations For Minor in 2024

In today’s digital world, the ease with which minors access inappropriate content online poses a significant challenge. It is estimated that 54% of teenagers gain access to age-inappropriate material by the age of 13, which is alarming. The growing accessibility of age-restricted content even on social media platforms underscores the critical importance of safeguarding young users’ online experiences.

This growing concern mandates a robust response from businesses and social media entities, emphasizing the necessity of diligent age verification to protect minors. States like Louisiana and California have taken legislative steps, mandating age verification for adult content—a move that has sparked a nationwide debate.

Critics argue these measures might infringe on privacy, and put civil liberties at risk while proponents advocate for the paramount importance of protecting young minds. With technological advancements, age verification solutions are evolving to address these concerns, balancing safety with privacy. 

Key Takeaways

• The accessibility of inappropriate content to minors online highlights the critical need for robust age verification measures.
• Laws such as COPPA, KOSA, and the SCREEN Act form the cornerstone of protections for minors, emphasizing parental consent and the safeguarding of children’s data.
• Solutions for age verification continue to evolve, employing methods that respect privacy while ensuring security.
• Various global regions have adopted distinct regulatory frameworks to protect minors, underscoring the necessity of international collaboration and standardization in age verification practices.
• Companies must integrate advanced and ethical technology for age verification, aligning with regulatory demands and prioritizing the protection of minors.

in this blog we will take a comprehensive review of age verification laws across the USA, delving into the complex interplay of technology, legislation, and societal responsibility.

Age Verification Laws and Regulations in the USA

The first significant legislation in the USA that specifically targeted age verification is the Children’s Online Privacy Protection Act (COPPA), which was enacted in 1998. COPPA mandates that websites and online services directed at children under the age of 13 must obtain parental consent before collecting personal information from these children. 

This Child Online Protection Act was a pivotal move to protect the privacy and safety of children online, addressing concerns over the unethical practice of selling children’s data without consent and laying the groundwork for future age verification and minor protection regulations.

COPPA was later expanded through initiatives such as COPPA 2.0, extending protection to children up to the age of 16 and granting them greater autonomy over how their data is used. This update reflected the growing recognition of the risks posed by online information exposure to teenagers.

The Kids Online Safety Act (KOSA) introduced in 2022, aimed at protecting kids from harmful online activity, underscores the critical need for content moderation and age verification to ensure a safer online environment for children.

Further, the SCREEN Act represents a significant federal initiative in age verification legislation, marking a focused effort to protect minors from pornographic content. This act, along with proposals like Senator Josh Hawley’s to restrict social media access for under-16s, signifies a growing federal commitment to enhancing online safety for young users.

The New York Child Data Protection Act further builds on these foundations, targeting the collection of data from individuals under the age of 18 and imposing strict regulations on data use and third-party sharing, with significant legal consequences for non-compliance.

States That Introduced Age Verification Legislations

In 2024, 12 states, including Arkansas, Louisiana, Mississippi, Montana, Texas, Utah, and Virginia, enacted age verification laws to enhance online safety for minors.

In 2023, a significant commitment was made to address minors accessing age-restricted content. As we enter 2024, discussions and concerns about age verification continue in some states, highlighting the ongoing dedication to online safety for young people.

The following states have enacted age verification legislation

Louisiana

Law Name: Louisiana Age Verification Law (Act 570 of 2022)

Commonly Known As the Louisiana Age Verification Act

Regulation Overview: The Louisiana Age Verification Law, also known as Act 570 of 2022, mandates that websites containing a substantial portion of adult material (33%) must implement effective age verification solutions for their users. This law aims to restrict access to prohibited content to a certain legal age limit and regulate the adult content industry online.
 

Scope: The law applies to a wide range of online entities, with a particular focus on platforms hosting adult content and popular social media companies accessible to minors.

Penalties: Non-compliance with the Louisiana Age Verification Law carries significant legal consequences, including fines of up to $5,000 per day. Entities knowingly violating the law may face an additional civil penalty of $10,000 per violation, as outlined in the legislation. Businesses could also face potential operational restrictions, serving as a substantial legal deterrent to ensure adherence to the law’s provisions.

Louisiana’s proactive approach to online safety, with stringent age verification measures and substantial penalties, underscores its commitment to protecting minors from harmful online content.

North Carolina

Law Name: North Carolina HB 8 – Age Verification for Online Material Harmful to Minors

Known As: North Carolina Age Verification Law

Date Enacted: January 1, 2024

Regulation Overview 

This law, part of North Carolina HB 8, mandates that any commercial entity publishing or distributing material harmful to minors on the internet must verify the user’s age attempting to access such material. 

The law does not specify any age verification method but requires the use of a commercially available database or another commercially reasonable method for age assurance or age estimation.

Applicability 

This age check requirement applies to all commercial entities operating in North Carolina that publish or distribute material online that could be harmful to minors.

Date of Effect: The law took effect on January 1, 2024.

Fine for Non-Compliance: 

This law allows the Attorney General to file civil lawsuits against companies that breach its provisions. Violators may be subject to civil penalties of up to $2,500 per affected minor for negligent violations and up to $7,500 for intentional violations.

Link to Original Legislation: North Carolina HB 8 – SL 2023-132

State: California

Law Name: California Age Appropriate Design Code Act (AB-2273)

Overview: The California Age Verification Law known as the California Age Appropriate Design Code Act (AB-2273) was signed into law on September 15, 2022, and set to take effect on July 1, 2024. This legislation, inspired by the UK’s Age Appropriate Design Code, modernises online protections for children aged 17 and under.

Key provisions include

• Prohibits profiling and collecting precise geolocation data of children without compelling reasons.
• Emphasises data minimization and purpose limitation principles.
• Requires Data Protection Impact Assessments (DPIAs) before offering child-accessible online services, reviewed biennially.
• Mandates age-appropriate language in privacy notices, terms, and policies.

Most Affected Businesses

Online services, products, or features likely to be accessed by minors, with a focus on protecting minors aged 17 and under.

Fine for Non-Compliance

The Attorney General can issue:

• Civil penalties of up to $2,500 per affected child for each negligent violation.
• Civil penalties of up to $7,500 per affected child for each intentional violation.
• Injunctions.

Date of Effect: July 1, 2024

Current Status: Signed into law on September 20, 2022.

Link to Original Legislation: Assembly Bill 2273

Texas

Legal Name: Texas Age Verification Law (House Bill 1181)

Regulation Overview:

The Texas Age Verification Law, also known as House Bill 1181, was signed into law on June 12, 2023, and became effective on September 1, 2023. This law aims to regulate adult websites and ensure that visitors are at least 18 years old.

Key Provisions:

• Mandatory age verification for adult websites using “reasonable age verification methods.”
• Acceptable verification methods include government-issued identification or a “commercially reasonable method” using transactional data.
• Requirement for websites to display warnings about the addictive nature of pornography, its potential impact on mental health, and child exploitation.
• The United States Fifth Circuit vacated legal challenge by the Free Speech Coalition on November 14, 2023.

Most Affected Businesses: Adult websites and platforms offering explicit content.

Fine for Non-Compliance: Penalties vary, with fines up to $10,000 per day for age verification failures and fines up to $250,000 per day if child exposure to explicit content occurs.

Date of Effect: Signed into law on June 12, 2023, and became effective on September 1, 2023.

Current Status: The law is in effect, following the removal of a legal injunction.

Enforcement: The law will be enforced by Texas state authorities, including law enforcement agencies responsible for overseeing online content compliance.

Link to Original Legislation: Age Verification Law Texas

Montana

Legal Name: Montana Age Verification Law (Senate Bill 544)

Regulation Overview:

The Montana Age Verification Law, also known as Senate Bill 544, focuses on revising internet laws related to material harmful to minors, particularly concerning online age verification.

Regulation Overview: The Montana Age Verification Law mandates that all websites displaying sexually explicit material implement an age verification solution to ensure that all users accessing the content are of legal age (18 years or older). This law aims to protect minors from exposure to adult content online.

Key Provisions:

• Mandatory age verification for users before accessing sexually explicit materials.
• Websites are required to use commercially reasonable methods to verify the age of individuals.
• The law applies to any website or online service that provides sexually explicit material and is accessible to users within the state of Montana.

Most Affected Businesses: Online platforms and services involved in the distribution of material harmful to minors.

Fine for Non-Compliance: The law mirrors Louisiana’s age verification law, imposing fines of up to $5,000 per day or an additional $10,000 per violation.

Date of Effect: January 1, 2024.

Current Status: The law was introduced by a group of legislators and passed on May 19, 2023.

Enforcement: Private person and attorney

 Original Legislation: Link

Utah

Legal Name: Online Pornography Viewing Age Requirements (Utah Senate Bill 287 – SB 287)

Regulation Overview:

Utah Senate Bill 287, also known as the “Online Pornography Viewing Age Requirements” law, became effective on May 3, 2023. This legislation focuses on regulating access to adult content on websites, with a particular emphasis on age verification.

Key Provisions:

• Requirement for websites containing a substantial portion of adult content to verify the age of individuals attempting to access the material.
• Age verification methods can involve digitised identification cards or independent, third-party age verification services.
• Publishers and distributors of material harmful to minors are liable if they don’t adhere to age verification requirements.
• Commercial entities must establish liability if they fail to implement reasonable age verification methods.
• An explicit prohibition on retaining identifying information of individuals after granting access to the material.
• Penalties under SB 287 include damages resulting from a minor’s access to the material, court costs, and reasonable attorney fees.

Most Affected Businesses: Entities operating websites with a substantial portion of adult content (33%).

Fine for Non-Compliance: The legislation outlines penalties, including damages and legal costs, for non-compliance.

Date of Effect: The law went into effect on May 3, 2023.

Current Status: enacted from May 3, 2023.

Enforcement: Most likely by State legislatures on a private complaint

Exemptions, if any: News websites, internet service providers (ISPs), search engines, and content providers who do not directly intend to promote explicit content.

Original Legislation: Online Pornography Viewing Age Requirements link 

Mississippi

Legal Name: An Act to Regulate Pornographic Media Exposure to Children (Mississippi Senate Bill 2346)

Regulation Overview:

Mississippi Senate Bill 2346, also known as “An Act to Regulate Pornographic Media Exposure to Children,” was signed by Governor Tate Reeves on April 18, 2023, and took effect on July 1, 2023. This law focuses on regulating the exposure of pornographic media to children within the state of Mississippi.

Key Provisions:

• Regulation of the exposure of pornographic media to children.
• Definitions are provided within the law.
• Requirement for commercial entities providing such content to implement age verification systems.
• Establishment of liability for commercial entities failing to provide age verification.
• Addressing the negative impacts of pornography on minors, including hypersexualization, low self-esteem, body image disorders, early problematic sexual activity, difficulty in forming or maintaining positive intimate relationships, and negative effects on brain development and functioning.
• Penalties under SB 2346 encompass damages resulting from a minor’s access to such material, court costs, and reasonable attorney fees.

Most Affected Businesses: Commercial entities providing pornographic media content.

Fine for Non-Compliance: The legislation outlines penalties and legal consequences for non-compliance.

Date of Effect: The law became effective on July 1, 2023.

Current Status: Effective

Enforcement: Most likely by State legislatures on private complaints.

Exemptions, if any:  News websites, internet service providers (ISPs), search engines, and content providers who do not directly intend to promote explicit content.

Original Legislation: Original link

Arkansas

Legal Name: Protection of Minors from Distribution of Harmful Material Act (Arkansas Senate Bill 66)

Regulation Overview:

Arkansas Senate Bill 66, also referred to as the “Protection of Minors from Distribution of Harmful Material Act,” became Act 612 on April 11, 20231. This law is designed to safeguard minors from the distribution of harmful material, particularly on the internet.

Key Provisions:

• Establishment of liability for the publication or distribution of material harmful to minors, with a focus on online content.
• Mandate reasonable age verification methods to confirm the age of individuals attempting to access such material, aiming to prevent minors from accessing harmful content.

Most Affected Businesses: Entities publishing or distributing material harmful to minors, especially online platforms.

Fine for Non-Compliance: The legislation does not specify fines for non-compliance but focuses on establishing liability and measures to protect minors.

Date of Effect: The law was signed into effect on April 11, 2023.

Enforcement: Most likely by State legislatures on private complaints.

Exemptions, if any: News websites, internet service providers (ISPs), search engines, and content providers who do not directly intend to promote explicit content.

Original Legislation: original text of Senate Bill 66.

Virginia

Legal Name: Virginia Civil Liability for Publishing or Distributing Material Harmful to Minors on the Internet (Senate Bill 1515)

Regulation Overview:

Virginia Senate Bill 1515, also known as “Civil Liability for Publishing or Distributing Material Harmful to Minors on the Internet,” was signed into law on May 12, 2023. This law establishes provisions related to the civil liability of commercial entities regarding material harmful to minors published or distributed on the Internet.

Key Provisions:

• Publishers and distributors are legally responsible for ensuring that material harmful to minors is not accessible to them.
• Commercial entities must face consequences if they fail to adopt adequate age verification measures.
• Clarifies the definition of “sexual conduct” to ensure neutrality regarding sexual orientation in cases related to prohibited sales and loans to juveniles.

Most Affected Businesses: Commercial entities operating on the Internet and dealing with material potentially harmful to minors.

Fine for Non-Compliance: The legislation does not specify fines for non-compliance, focusing on civil liability and legal actions.

Date of Effect: The law was signed into effect on May 12, 2023.

Current Status: The current status of the law, including any legal challenges or enforcement actions, is not provided in the content.

Enforcement: Most likely by State legislatures on private complaints.

Exemptions, if any: News websites, internet service providers (ISPs), search engines, and content providers who do not directly intend to promote explicit content.

Original Legislation:  original text of Senate Bill 1515.

Worldwide Age Verification Laws & Regulation 

Different parts of the world have their own rules when it comes to protecting kids online. However, the purpose remains the same and the urgency has increased in the recent past. Since device accessibility is easy and there are plenty of options for kids to stumble upon explicit content, the world understands the need for tighter regulations. 

Let’s discuss how they are categorized around the world

European Union: General Data Protection Regulation (GDPR)

GDPR includes specific provisions to protect children’s data, particularly regarding the use of children’s data for marketing or creating user profiles. It mandates parental consent for processing personal data of children under the age of 16, although member states can legislate for a lower age, provided it is not below 13.

United Kingdom: Digital Economy Act 2017

• Part of this act aimed to introduce age verification for accessing adult content online. Although the specific measures for adult content verification were eventually dropped, the UK continues to explore mechanisms to protect minors online, including potential age assurance and verification through its Online Safety Bill.

Online Safety Act 2023

Building on the foundations laid by previous attempts to regulate online content, the Online Safety Act 2023 represents the UK’s ambitious attempt to make the internet safer. This legislation targets a wide range of online harms and is designed to protect all internet users, especially children, from harmful content. The Online Safety Act 2023 is a comprehensive approach to online regulation, reflecting the UK government’s commitment to ensuring the internet is a safer space for children and all users.

Australia: Online Safety Act 2021

Enacted in 2021, the Online Safety Act consolidates and enhances online safety regulations, including measures to protect children from harmful online content. It grants the eSafety Commissioner powers to regulate online safety and includes provisions for age verification to restrict minors’ access to inappropriate content.

Germany: Jugendmedienschutz-Staatsvertrag (JMStV)

The JMStV is a state treaty among the 16 federal states of Germany focusing on the protection of minors in the media. It requires an age verification solution for distributing or making available any media harmful to minors, including online content.

Canada

In Canada, the approach to regulating social media, online gaming, and explicit content revolves around privacy protection, voluntary compliance, and a mix of federal and provincial legislation, aiming to create a safe online environment for all users, especially minors:

• Social Media: Protected by PIPEDA, emphasizing privacy and safeguarding minors’ data.
• Online Gaming: Governed by voluntary ratings and provincial regulations for age verification.
• Explicit Content: Managed through federal and provincial laws to restrict minors’ access and ensure online safety.

In Ontario, Canada, selling or supplying tobacco or vapour products to anyone under 19 is illegal. Retailers must verify the age of any customer who appears under 25. Compliance signs must be posted based on the products sold, as per the Smoke-Free Ontario Act, 2017.

South Korea: Shutdown Law or Cinderella Law

• This law, officially known as the Youth Protection Revision Act, was designed to prevent children under 16 from playing video games during a six-hour block at night (midnight to 6 AM). It requires game companies to implement an age verification system to enforce the law.

Japan

Japan has implemented measures aimed at protecting children from internet addiction, including laws that encourage businesses to restrict minors’ access to harmful websites through an age verification system and parental control. The Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People is one such law that guides these efforts, focusing on Internet safety for youth and promoting the use of filtering services.

India

India proposed amendments to its Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to include provisions for age verification and parental consent for minors accessing various online platforms and content. This move is part of a broader initiative to increase online safety for minors and regulate digital content more effectively.

As per COTPA. No sale of tobacco products or nicotine inhalants to individuals under 18. allowed

France Age Restriction Law

The sale of spirits, alcohol, and knives to minors is restricted in France, with certain authorized exceptions. While there is no direct regulation for tobacco products, marketing or selling them with demonstrative intent is prohibited. However

The French audiovisual regulator, the Conseil supérieur de l’audiovisuel (CSA), oversees the implementation of these measures, ensuring compliance with laws designed to safeguard young internet users.

China

In China, the government imposes rigorous regulations on internet usage to protect minors from harmful content and internet addiction. Age verification laws are part of extensive online gaming regulations. 

For example, minors are restricted in their online gaming activities to just 1.5 hours per day on weekends and public holidays, with no allowance for gaming on weekdays. This is enforced through real-name registration systems and age verification processes managed by the game publishers under the oversight of the National Press and Publication Administration (NPPA). 

These measures reflect China’s approach to digital governance, focusing on the protection of minors, fraud prevention and the promotion of healthy internet habits.

How to Ensure Age Verification Compliance? 

To comply with age verification laws, consider using Facia’s solution, which:

• Prioritizes user privacy while ensuring accurate age verification.
• Offers a secure, user-friendly experience compliant with privacy regulations.
• Performs over 100,000 age checks and deploys more than 30 solutions.
• Provides an Age Verification API and SDK for real-time verification.
• Scales to fit any business size.
• Includes comprehensive support for easy implementation and ongoing operation.

Conclusion

The responsibility to safeguard minors online extends beyond governments, necessitating regulatory compliance from companies to ensure uniform protection. Traditional age verification methods, like checkbox prompts, are insufficient. Solutions must robustly verify an individual’s age and decide on access permission.

For businesses, adopting innovative and responsible technologies is crucial. Solutions like Facia not only offer advanced identity verification that respects user privacy but also ensures regulatory compliance. This approach transforms age verification challenges into opportunities for enhancing digital safety and privacy leadership.

Don’t wait for the next legislative wave. Take proactive steps today with Facia’s age verification technology to ensure your company leads in responsible online engagement.