California Enacts New Consent and Record Keeping Requirements for Adult Platforms

SACRAMENTO, Calif.—California has enacted a new law requiring adult websites to adopt additional consent and recordkeeping procedures for user-uploaded content, adding another layer of state requirements to an area already governed by federal law.

Gov. Gavin Newsom signed Assembly Bill 1705 on Sept. 30 as part of a larger group of legislation. Introduced by Democratic Assemblymember Rebecca Bauer-Kahan of Orinda and Republican Assemblymember Diane Dixon of Newport Beach, the law establishes new requirements for user-generated content uploaded to adult websites accessible in California. It takes effect Jan. 1, 2027.

The legislation applies additional requirements beyond the federal recordkeeping provisions established under 18 U.S. Code § 2257. Among other provisions, adult site operators will be required to collect an email address and a certification statement from users uploading content.

The certification must state that the individuals depicted were adults when the content was created, consented to being depicted and agreed to the content being uploaded to the website. Operators must verify the email addresses before allowing uploads and retain the certification and other required information for at least seven years.

The law allows depicted individuals to bring civil actions seeking up to $75,000 in damages per violation, including punitive damages and litigation costs. Public prosecutors may also bring civil actions and seek penalties of $25,000 per violation, along with other available relief and fees.

Several major adult platforms already have verification and documentation procedures in place for users and content creators. Among them are Aylo’s Pornhub and Hammy Media’s xHamster.

Content creators on platforms such as OnlyFans are also subject to verification measures, including criminal background checks. Many major platforms require model releases and other documentation covering consent, distribution rights and intellectual property rights.

“Yet again, our platforms and businesses are being held to a different standard than non-adult businesses,” said Mike Stabile, director of public policy at the Free Speech Coalition. Stabile said AB 1705 represents progress in some respects but noted that many established adult platforms already require similar safeguards. “We’ll be working with our members over the coming months to inform them about the law and what is needed to comply.”

Attorney Lawrence Walters, who represents adult industry clients, urged site operators and content creators to begin preparing for the new requirements.

“Adult platforms should review their upload flows, age and consent workflows, and retention practices now,” Walters said. He also raised concerns about the law’s jurisdictional reach, which he said could lead to litigation in both state and federal courts.

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.”

Attorney Corey Silverstein, who also represents adult entertainment clients, advised businesses to take the new requirements seriously while continuing to prepare for compliance.

“Preventing child sexual abuse material and nonconsensual intimate imagery is essential, and responsible adult businesses share that objective,” Silverstein said. “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.”