By Michael McGrady Jr
October 5, 2026 · 2:25 PM·3 min read
SACRAMENTO, Calif.—California Gov. Gavin Newsom recently signed into law a brand-new requirement for online adult platforms to overhaul consent and recordkeeping rules. This builds on state legislative trends in which lawmakers push for state-level recordkeeping provisions that conflict with existing federal requirements under 18 U.S. Code § 2257.
Newsom signed this new law, Assembly Bill (AB) 1705, with a batch of other bills his office announced on Sept. 30. Proposed by a bipartisan pair of state lawmakers, Democratic Asm. Rebecca Bauer-Kahan of Orinda and Republican Asm. Diane Dixon of Newport Beach, the bill establishes tighter regulations for all user-generated content uploaded to adult websites accessible in California's digital space. The law enters into force on Jan. 1, 2027.
This law is impactful as it could be perceived as a direct regulation of an entertainment industry that is predominantly headquartered in the state. The legislation goes far beyond federal Section 2257 recordkeeping regulations at the federal level. Adult site operators are now required to have users submit an email address and a certification statement, under penalty of perjury under the law.
This certification is to cover individuals depicted in the content and to ensure that they were adults at the time the content was created and consented to being depicted in the content and to the content being uploaded to the websites in question. State law now requires operators to also verify the users' email addresses before permitting uploads, and retain the statement and requested information for at least seven years.
Violators are subject to civil actions by depicted individuals for damages of up to $75,000 per violation, including the coverage of punitive damages and legal fees incurred for the litigation. Public prosecutors can additionally bring forward civil actions and seek penalties of $25,000 per violation along with other relief and fees.
It is worth noting that many high-traffic web platforms in the adult industry require user and content creator verification to be able to upload content. Namely, these platforms include the likes of Aylo's Pornhub and Hammy Media's xHamster.
Content creators on sites like OnlyFans are subject to criminal background checks. Many of these platforms also require the retention of model releases and other documents indicating mutual consent, distribution rights and intellectual property rights protections.
"Yet again, our platforms and businesses are being held to a different standard than non-adult businesses," said Mike Stabile, the director of public policy at adult industry trade group the Free Speech Coalition. Stabile explained to AVN that AB 1705, while a development forward, is something that reputable adult platforms already mandate. He said, "We’ll be working with our members over the coming months to inform them about the law and what is needed to comply."
Lawrence Walters, an attorney representing adult industry clients, advised site operators and adult content creators to be cognizant of this new law.
"Adult platforms should review their upload flows, age and consent workflows, and retention practices now," Walters said. He noted that AB 1705 has an extremely troubling jurisdictional impact that could be litigated in state and federal courts in the near future.
Walters said, "The statute’s extraterritorial reach, perjury certification requirement, and accumulating daily penalties raise serious First Amendment and due process concerns that are likely to be tested in court. The law should be invalidated as a content-based restriction on protected speech."
Corey Silverstein, another attorney representing adult entertainment clients, advised members of the industry to be "concerned" but to ensure compliance regardless of outcomes.
"Preventing child sexual abuse material and nonconsensual intimate imagery is essential, and responsible adult businesses share that objective," Silverstein told AVN. "But California’s AB 1705 creates substantial compliance obligations and litigation exposure that operators cannot afford to underestimate."
He concluded, "My concern is how courts will apply the law’s reasonable-care standard in practice. Protecting victims requires effective safeguards, but uncertainty about what constitutes sufficient diligence can encourage platforms to remove lawful content defensively. Businesses need workable standards that protect people without making legitimate adult expression prohibitively expensive to host."
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Fuente: avn.com
