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PHOENIX — A bill moving through the Arizona legislature could introduce new compliance hurdles for adult websites, with industry observers warning that conflicting provisions may make it difficult for platforms to operate in the state.
Arizona’s HB 2133, titled the “Protect Act,” is part of a broader legislative push to address AI-generated nonconsensual intimate imagery. The bill seeks to ensure that nude or sexual depictions of individuals — including those created with artificial intelligence — cannot be published without the consent of each person shown. It also establishes new consent and verification requirements for adult websites.
Under the proposal, adult platforms would be required to use “reasonable consent verification methods” to confirm that individuals depicted in sexual content have provided consent. The bill would further require websites to maintain records of that verification for at least seven years, making them available for potential review by the state attorney general.
The legislation defines “reasonable consent verification methods” as including “(i) An affidavit that attests to the consent and age of each depicted person. (ii) A verification through an independent third party. (iii) Any other commercially reasonable method that does not retain identifying information after the verification is complete.”
Industry stakeholders say these provisions could create compliance challenges. Affidavits typically require notarization, which may be burdensome in practice. At the same time, the second and third verification options appear to conflict with the separate requirement that verification records be retained.
Free Speech Coalition Director of Public Policy Mike Stabile said, “We are most concerned about the clear conflicts with federal law. It appears that Arizona is asking us to delete age-and-consent records after verification, which is impossible for us to do. We’ve reached out to the legislator to alert him to this issue, and others, as well as to clarify some of the provisions in the bill.”
The Free Speech Coalition has previously raised concerns about similar legislation, pointing to North Carolina’s “Prevent Sexual Exploitation of Women and Minors Act,” which drew criticism for its impact on model contracts, and Alabama’s HB 164, which requires notarized model releases.
If enacted, the Arizona bill would impose civil penalties of $10,000 per day on sites that fail to obtain “verified” consent, along with potential damages and attorney fees.
HB 2133 has passed the Arizona House of Representatives and has been transmitted to the state Senate for further consideration.
