The War on Porn

If A VPN is Used in a Utah Forest and Nobody is There to See It, Am I Still Liable? By Stan Q. Brick

VPN

Utah, having discovered the same thing noticed by literally every other jurisdiction to impose an age gate on sexually explicit content, recently ‘updated’ its age-verification mandate to penalize website operators who “facilitate or encourage” the use of a virtual private network (VPN), proxy server, or “other means to circumvent age verification requirements.”

The amended law also holds that “an individual is considered to be accessing the website from this state if the individual is actually located in the state, regardless of whether the individual is using a virtual private network, proxy server, or other means to disguise or misrepresent the individual’s geographic location to make it appear that the individual is accessing a website from a location outside this state.”

The changes to Utah’s law don’t amount to a “ban” on VPN use in the state, but the provisions related to preventing covered entities from facilitating or encouraging VPN use have a clear chilling effect – and present a legal pitfall that goes beyond simply requiring adult websites to verify a user’s age.

“By holding companies liable for verifying the age of anyone physically in Utah, even those using a VPN, the law creates a massive ‘liability trap,’” noted Rindala Alajaji, Associate Director of State Affairs for the Electronic Frontier Foundation. “Just like we argued in the case of the Wisconsin bill, if a website cannot reliably detect a VPN user’s true location and the law requires it to do so for all users in a particular state, then the legal risk could push the site to either ban all known VPN IPs, or to mandate age verification for every visitor globally. This would subject millions of users to invasive identity checks or blocks to their VPN use, regardless of where they actually live.”

And while the Utah law doesn’t go as far as one version of the Wisconsin bill would have (a bill that has been vetoed by Gov. Tony Evers), as Alajaji observed, “muzzling the websites themselves from sharing information about VPNs… raises significant First Amendment concerns, as it prevents platforms from providing basic, truthful information about a lawful privacy tool to their users.”

So, while the law doesn’t outright ban the use of a VPN or other means of circumventing an age gate or geofence, this silver lining only goes so far in blunting the law’s chilling effect on speech.

“Under a ‘don’t ask, don’t tell’ style of enforcement, websites likely only have an obligation to ask for proof of age if they actually learn that a user is physically in Utah and using a VPN,” Alajaji wrote. “If a site doesn’t know a user is in Utah, their broader obligation to police VPNs remains murky. So, while SB 73 isn’t as extreme as the discarded Wisconsin proposal, it remains a dangerous precedent.”

And, of course, it wouldn’t be a discussion of an age-verification law if someone didn’t point out the (obvious) privacy implications underlying it all. As one resident of the state put it in a recently published letter to the Salt Lake Tribune, “SB73 pushes adults toward handing over identifying information just to access legal online material. That creates real privacy risks.”

“Once identification systems are built, the information can be stored, breached, misused or demanded for other purposes later,” the letter’s author added. “Utah lawmakers may call this child protection, but it looks a lot more like another government-approved tracking system.”

Twisting the rhetorical knife a bit further, the letter adds that “Utah has a bad habit of passing laws that sound moral in a committee hearing but become a technical and constitutional mess in the real world” and “SB73 fits that pattern.”

“Protecting children matters. But turning every adult internet user into a walking ID check is not protection,” the letter concludes. “It is surveillance with a family-values bumper sticker.”

Couldn’t have said it better myself.

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Pornhub Restores Access for U.K. Apple Users Following iOS Age Verification Rollout

Pornhub logo

NICOSIA, Cyprus — Aylo announced Tuesday that Pornhub access has been restored in the United Kingdom for Apple users who complete Apple’s age-verification process through iOS devices.

The company said the change follows Apple’s rollout of device-based age verification in the U.K. through iOS 26.4.

In a statement, Aylo Vice President of Brand and Community Alex Kekesi said, “For years, Aylo has advocated for device-based age verification as the most effective and privacy-protecting approach to help prevent minors from accessing age-inappropriate content online. With the release of iOS 26.4, Apple has introduced the world’s first-ever device-based age verification solution for its users in the U.K., a major first step toward a global solution that stands to better protect children everywhere. As a result, today Aylo welcomes eligible age-confirmed U.K. iOS users back to Pornhub.”

Aylo had previously implemented age-assurance measures in the U.K. to comply with requirements under the Online Safety Act. In February 2026, however, the company began restricting access to its free video-sharing platforms in the country unless users had existing accounts, citing concerns about what it described as flaws in the law’s verification framework.

Following Apple’s March release of iOS 26.4, the company introduced account-level age verification for U.K. users. Aylo said the system represents “one of the strongest and hardest to circumvent protections currently available for helping prevent minors from accessing age-inappropriate content.”

During a press conference Tuesday, Ethical Capital Partners partner Solomon Friedman said the ownership group behind Aylo welcomed Apple’s implementation of device-based age assurance across the U.K., while Kekesi described the rollout as “a huge step.”

“We believe this is the path forward,” Kekesi said, adding that the company hopes similar systems will eventually expand to other operating systems and additional international markets.

Aylo has previously blocked access to its sites in several U.S. states with age-verification laws, along with France and Australia. Kekesi said the restoration of access in the U.K. marks the first time the company has resumed operations in a market after suspending access over verification concerns.

“This is the first time we are effectively coming back to a market because we have a solution that in our view permits us to do that in the safest way possible,” she said. “This is a really exciting day.”

Kekesi said the verification process takes place within Apple’s ecosystem, eliminating the need for users to complete additional verification steps directly on the site.

“It offers a much more seamless experience to the user,” Kekesi said.

Friedman said Aylo views that process as important because users often migrate to sites that do not comply with verification requirements when verification systems become cumbersome.

“Right now, when you Google ‘free porn’ from the U.K., half the results Google and Bing return are sites that are noncompliant,” Friedman said.

Friedman also said Apple’s system satisfies the company’s standards for effective age assurance because it does not require users to provide personal information directly to websites and is more difficult to bypass than many existing platform-based systems.

“Apple’s got it right,” Friedman said.

Ethical Capital Partners partner Sarah Bain said the restored access currently applies only to Pornhub and not to other Aylo-owned platforms including YouPorn and Redtube.

“Aylo is rolling this out in a measured way,” Bain said.

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North Carolina Considers Tax on In-Store Sales of Adult Material

Taxes

RALEIGH, N.C. — A proposal moving through the North Carolina legislature would place a new 10% tax on certain adult materials sold at brick-and-mortar stores across the state.

Filed last week by three state senators, SB 1007 would create what it calls a “harmful materials tax” on visual content considered “prurient” and harmful to minors when sold in any physical retail setting.

The bill defines those materials as “pictures, drawings, video recordings, films or other visual or physical depictions or representations, including digital or computer-generated visual depictions or representations created, adapted, or modified by technological means, such as algorithms or artificial intelligence, but not material consisting entirely of written words.”

Under the proposal, the 10% tax would apply to gross receipts from the sale of such material. The language does not distinguish between adult-only businesses and general retailers, meaning any store offering adult videos, magazines, or similar visual content that meets the definition could fall under the tax.

That definition reads: “Any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics: a. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and b. The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and c. The material or performance lacks serious literary, artistic, political, or scientific value for minors.”

North Carolina has enacted several measures related to adult content in recent years. In 2025, lawmakers overrode a gubernatorial veto to pass the Prevent Sexual Exploitation of Women and Minors Act. The law requires age and consent verification for performers beyond federal record-keeping standards under Section 2257, mandates written consent for each sexual act depicted, and requires separate consent for distribution. It also requires platforms to remove content if a performer withdraws consent at any time, regardless of prior agreements.

Elsewhere, lawmakers have pursued a range of taxes and regulatory measures affecting adult content.

Utah and Alabama have adopted excise taxes on adult sites, while proposals in Virginia and Pennsylvania would introduce similar policies. In January, the U.S. Supreme Court declined to review a lower court ruling that allowed enforcement of a 2001 zoning law aimed at limiting the locations of adult retail stores in New York City.

In Tennessee, a separate bill would require adult businesses, including stores and theaters, to post warnings stating that patrons “may be contributing” to sexual assault and human trafficking. The measure is expected to be sent to the governor.

SB 1007 has been referred to the North Carolina Senate Rules and Operations Committee.

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Utah Advances Closest to a VPN Ban Among U.S. States

VPN

Utah’s Senate Bill 73 will take effect May 6, adding new requirements to the state’s age verification law. Websites covered by the law will be prohibited from explaining how VPNs can be used to bypass age restrictions. They will also be responsible for enforcing age verification for users physically located in Utah, even when a user’s virtual location appears to be outside the state.

The provisions are framed as updates to Utah’s existing age verification law, but they could have broader legal and technical implications. One provision bars covered businesses from discussing VPN workarounds on their websites, a restriction that could face First Amendment challenges.

The location-enforcement provision has raised concerns among online freedom advocates. A VPN can make a user appear to be accessing a website from another state or country. Under the law, if an underage Utah resident uses a VPN to appear outside Utah and gains access to restricted material, the website could face liability.

The law leaves affected online businesses with limited options. One option would be to require age verification for all users, regardless of location, which would affect every visitor to the site and could reduce traffic or revenue.

Another option would be to attempt to block VPN traffic. That approach can be technically difficult because VPN traffic can be made to resemble ordinary web traffic. Websites often rely on blocking IP addresses associated with VPN services, but VPN providers can add new addresses.

Blocking VPN use also raises broader rights concerns. In many countries, VPN access is associated with privacy and free expression protections. Utah’s law places new pressure on websites to determine a user’s physical location in a way that may be difficult to enforce without broader restrictions on privacy tools.

So far, states have largely avoided outright VPN bans. A proposal to ban VPNs in Wisconsin failed after similar concerns were raised. Utah’s law does not impose a total VPN ban, but legal challenges to the measure and similar age verification laws are expected in the weeks and months ahead.

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Brazil Seeks Public Comment on Draft Guidance for New Digital Law

Brazil flag

BRASILIA, Brazil — Brazil’s data protection regulator has opened the door for public input as it works to refine how a new law affecting online content — including adult websites — will be applied in practice.

The National Data Protection Authority (ANPD) said it is accepting comments on the Digital Statute for Children and Adolescents (Digital ECA), a measure that requires age verification for users accessing adult content from within Brazil.

The consultation period began Thursday and is scheduled to run through June 15. ANPD described the effort as “an opportunity to promote a collaborative and transparent process, allowing experts, public sector entities, civil society organizations, and citizens to contribute to the improvement of regulatory practices.”

At the center of the process is a guidance document still being developed. The goal is to define how the law should be interpreted and what it requires from companies offering digital services — including adult content platforms — under legislation signed in March by President Luiz Inácio Lula da Silva.

Under the statute, providers must implement age verification measures that go beyond simple self-declaration. The requirement applies regardless of where a platform is based, as long as it serves users in Brazil. The ANPD has outlined initial expectations for compliance and indicated that enforcement will roll out in phases, with the current consultation forming part of the first stage.

The agency said the final guidance is expected to clarify who falls under the law, how obligations such as prevention, protection, information, and security should be understood, and how key definitions — including “supplier of information technology products or services directed at or likely to be accessed by children and adolescents” and “service providers with editorial control” — should be interpreted.

“The Guide aims to provide greater predictability and legal certainty to the application of the law … It seeks to provide transparent guidance and directives for companies and stakeholders, as well as to establish understandings and best practices that can assist in the implementation process of the new regulations,” the ANPD said in a statement.

The agency also noted that a draft version of the guidance is already available through its consultation platform.

Participants who want to submit comments or questions can do so through that portal. Those accessing it from outside Brazil are required to provide passport information.

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Iowa Senate Approves Updated Age Verification Measure

Iowa flag

DES MOINES, Iowa—A revised age verification measure aimed at online pornography platforms cleared the Iowa Senate on Wednesday with unanimous support, advancing legislation focused on material classified as “harmful to minors.”

House File (HF) 864 passed by a 46-0 vote during a floor session at the state Capitol.

The bill traces back to the 2025 session, when it was first introduced and approved on a similarly unanimous vote. The Iowa House moved it forward late that year, but final action was postponed until lawmakers returned for the current session.

Lawmakers updated the proposal following a U.S. Supreme Court decision that upheld a similar law in Texas, making adjustments intended to align the Iowa measure with that ruling and improve its chances of withstanding judicial scrutiny.

With Senate approval complete, the bill goes back to the House for further consideration. It is not expected to encounter significant opposition. Republicans control the legislature and hold a majority just shy of a supermajority.

The measure is expected to be signed into law by Gov. Kim Reynolds, positioning Iowa among the states implementing age verification requirements for adult content online.

If enacted, enforcement authority would rest with the Iowa Attorney General’s Office, led by Brenna Bird.

Websites and platforms found in violation could face fines of up to $10,000 per violation.

“The attorney general may bring a civil action to provide for civil penalties in an amount not more than $100,000” if a platform ignores a legal injunction, the bill states.

Consistent with similar laws in other states, the proposal allows companies to rely on third-party providers offering “reasonable” age verification methods. Those providers would be barred from retaining user data but could be required to provide information if ordered by a state court.

The legislation also directs the attorney general’s office to create an electronic reporting system, enabling alleged violations to be submitted for investigation.

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Origins of the War on Porn: The Comstock Act by Morley Safeword

Anthony Comstock

Over the course of the nearly 30 years, I’ve worked in the adult entertainment industry; I’ve lost count of the number of times I’ve written about and discussed the nature of American obscenity laws. In this new series of articles, “Origins of the War on Porn,” we’ll examine some of the roots of the long-running effort by elements of American society to stamp out pornography, including key pieces of legislation dating back to the late 19th Century.

One of the most significant of these laws is the Comstock Act of 1873, which criminalized the use of the United States Postal Service to transmit obscene materials. Bear in mind, this was long before the existence of the “Miller Test,” the modern definition of obscenity established by the Supreme Court; as such, much of the material which would constitute a violation of the Comstock Act would strike modern viewers as quite tame.

The Comstock Act was named for Anthony Comstock, a staunch Christian who was born in rural Connecticut, then moved to New York after serving in the Civil War. Comstock was shocked by the city, which seemed to him a place “teeming with prostitutes and pornography,” as PBS put it in profiling Comstock.

Determined to shape the city’s sexual mores to his liking, Comstock began supplying police information on local prostitution operations to assist in their anti-vice efforts. Comstock was also taken aback by ads for contraception devices, so he soon adopted the contraceptive industry as another source of societal ills.

In 1872, Comstock began lobbying in Washington for the passage of an anti-obscenity bill, which would include a ban on contraceptives, which the determined activist had penned himself. He succeeded in his lobbying, and the Comstock Act was attached as a rider to the Post Office Consolidation Act of 1872.

Codified largely at 18 USC §1461 and 1462, the Comstock Act has been amended many times over the decades – as has the legal definitions of terms like “obscene” and “indecent,” which are peppered throughout the statutes. Still, even after these amendments, the core principles of the Act remain in place.

18 USC §1461 still prohibits the use of the U.S. mail to send any “obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or any drug, medicine, article, or thing designed, adapted, or intended for producing abortion.” (In 1958, the law was amended to replace “preventing conception” with “producing abortion” in the last line quoted above.)

Comstock himself might be gratified to learn that his namesake law still survives, but he’d likely be aghast at how watered down it has become in its application and definitions. Credit for that reduction in scope and efficacy goes in part to a very different American activist, Margaret Sanger, the founder of Planned Parenthood who successfully challenged the Comstock Act when she opened the first birth control clinic in the country.

Of course, you are familiar with Sanger, you know her legacy as an advocate for women’s rights is complicated by her beliefs on eugenics, which in recent years have been used as a means for social conservatives to attack the organization she founded. Planned Parenthood has disavowed Sanger’s stated beliefs, noting as they did so that “today, anti-reproductive rights activists continue to attack Sanger as a strategy to undermine the crucial services Planned Parenthood currently provides.”

As both Comstock and Sanger demonstrate, the battles that underpin the War on Porn (as well as what many people have termed the “War on Women”) have their roots in debates and disagreements far older than anyone reading this article. Over 150 years after the Comstock Act was established, the issues that animated it are as contentious as they were in Comstock’s time.

Proof of the continuing influence of the Comstock Act and the man for whom it is named can be found in articles like this one from the Kaiser Family Foundation, titled “The Comstock Act: Implications for Abortion Care Nationwide,” published in 2024. Among other things, the article notes the Comstock Act “could be used by a future presidential administration opposed to abortion rights to sharply restrict abortion nationwide.” (President Trump declining to do exactly that angered some of his supporters not long after the KFF article was published).

Echoes of the Comstock Act also can be found in the ongoing effort to restrict access to online porn, or in more extreme cases, ban porn altogether. As these efforts demonstrate, Anthony Comstock might be long gone, but there are many folks happy to walk in his footsteps – and to become the next foot soldiers for their side of the War on Porn.

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U.K. Enacts Ban on Strangulation Content, Adult Depictions of Minors

UK flag

LONDON — Lawmakers in the United Kingdom have approved the Crime and Policing Bill, with final passage secured Monday, establishing new criminal restrictions covering depictions of “non-fatal strangulation” and certain sexual content involving adults portraying minors.

The measure was first introduced in the House of Commons in February 2025 and has since been revised through an extended period of parliamentary debate and amendment.

It will become law following Royal Assent from King Charles III, a procedural step that is expected to proceed without issue.

Restrictions on Strangulation Content

The legislation designates the possession and distribution of “pornographic images of strangulation or suffocation” as priority offenses under the Online Safety Act. Individuals found in possession may face prison terms of up to two years, while those responsible for distribution could face sentences of up to five years.

Support for prohibiting this category of content increased after the release of a government-commissioned “pornography review” in February 2025. That report recommended banning material it described as “degrading, violent and misogynistic.” Industry groups and free speech advocates raised objections at the time to proposals targeting so-called “extreme” material.

Depictions of Minors by Adult Performers

The law also makes it an offense to publish or possess sexual content in which adults portray individuals under the age of 16.

It specifies that “sound or information associated with the image” will be used to determine whether a performer is representing someone under 16. This replaces earlier draft language that would have allowed visual cues such as costume or setting to be considered as evidence.

The legislation states, “A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended.” A related government memorandum adds that the provision is “not intended to criminalize a pornographic image of someone who is clearly an adult where the only marker of childhood is the fact that he or she is in school uniform.”

Provisions Not Included in Final Version

Two proposals discussed during the bill’s passage were not adopted: a blanket prohibition on “step” content and a measure addressing consent in performer agreements.

While the law prohibits depictions of incest involving blood relatives, it applies to “step” scenarios only in cases where a performer is portraying someone under 18. According to the government, this is intended to align enforcement with conduct that would be unlawful in real life.

An amendment introduced in the House of Lords that would have allowed performers to withdraw consent to publication and distribution at any time, regardless of prior contracts, was also not included in the final text.

Instead, a Commons amendment directs the Secretary of State to review age and consent verification practices used by websites and to report findings to Parliament within one year. The law also grants authority to intervene and regulate those practices without requiring additional legislation.

Next Steps and Ongoing Policy Work

The government’s Violence Against Women and Girls (VAWG) strategy includes the formation of a “joint pornography team” tasked with reviewing the issues identified in the 2025 pornography review and evaluating evidence to guide future policy.

The team includes representatives from the Home Office, the Department for Science, Innovation and Technology, the Ministry of Justice, and the Department for Culture, Media and Sport. It began work in December 2025, and its findings are expected to influence future legislative proposals and regulatory actions by Ofcom.

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FSC Notes Additional TAKE IT DOWN Act Provisions Set to Take Effect May 19

Take it down act

In a statement released today, the Free Speech Coalition reminded stakeholders across the adult industry that key provisions of the TAKE IT DOWN Act — legislation that “created a federal criminal prohibition on the nonconsensual publishing of intimate images (including AI-generated “deepfakes”) and requires covered platforms to establish a notice-and-removal process for such content within 48 hours of a valid request,” — will take effect May 19, 2026.

While the ban on nonconsensual imagery went into effect immediately after the law was signed, the notice-and-removal requirements begin on that date.

As outlined in the FSC statement, the law applies to two categories of content: “authentic intimate visual depictions published without consent” and “digital forgeries.” The latter includes “AI-generated or otherwise computer-manipulated intimate images of an identifiable individual that a reasonable person would find indistinguishable from authentic depictions.”

FSC stated that “any person who knowingly publishes such content using an interactive computer service” may be held liable under the law, adding that enforcement is directed at “the individual uploader/publisher, not the platform.”

Under the notice-and-removal provisions taking effect May 19, “websites, online services, online applications, or mobile applications that serve the public and primarily provide a forum for user-generated content (including messages, videos, images, and audio)” must comply.

“Covered platforms must establish a process by which an individual (or their authorized representative) can submit a removal request,” FSC said. “The request must include a signature, identification of the content, a good faith statement that it was published without consent, and contact information.”

As for timing, once a valid request is received, platforms “must remove the content as soon as possible, but no later than 48 hours after receipt,” FSC explained. “Platforms must also make reasonable efforts to identify and remove known identical copies.”

The law also requires platforms to “post a clear, conspicuous, plain-language notice of their removal process and how to submit a request.”

“Failure to comply with the notice-and-removal obligations is treated as an unfair or deceptive act or practice under the FTC Act, enforced by the Federal Trade Commission,” FSC added.

FSC noted that the definition of “covered platform” is broad and may apply to “most sites that host user-generated content.”

“Platforms that host any user-uploaded content should assume they are covered and consult with counsel,” FSC said.

FSC also emphasized that under the law “consent to create an intimate visual depiction does not equal consent to publish it.”

Addressing what qualifies as a valid request, FSC explained that submissions must be made in writing and include the following:

  • a physical or electronic signature of the requestor (or their representative)
  • identification of, and information sufficient for the platform to locate, the offending content
  • a statement of the requestor’s good-faith belief that the depiction was not consensual
  • the requestor’s contact information

FSC also noted that the law “includes no provisions that address how platforms can or should deal with erroneous or fraudulent removal requests.”

The full statement is available on the FSC website.

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MakeLoveNotPorn Denies Allegations of Violating U.K. Online Safety Law

Make love not porn logo.

LOS ANGELES—Cindy Gallop, founder and chief executive officer of the “real-world” porn platform MakeLoveNotPorn (MLNP), denied claims that her platform is not compliant with the United Kingdom’s Online Safety Act after allegations surfaced that the site exposed minors to age-restricted content without proper age assurance measures.

The allegations emerged after Gallop announced a public education partnership with Samantha Niblett, a Labour Party MP for South Derbyshire in England’s East Midlands. The two are promoting a “Summer of Sex” campaign focused on comprehensive sex education across the United Kingdom. A British tabloid reported that MakeLoveNotPorn was allegedly “breaching” age verification requirements under the law, which is enforced by U.K. digital regulator Ofcom.

Security correspondent Abul Thaer reported that MLNP, described as an interactive sexual education platform, “only allows a 12-second preview before requiring payment, during which viewers can already see explicit visuals.” Gallop disputed that characterization in a statement.

Gallop wrote, “We had a technical glitch with our site, but I’m happy to confirm we were and are fully compliant with the Online Safety Act. We had a temporary disruption due to a technical issue we addressed asap, and can confirm full compliance.”

“It is this Labour government that is implementing the Online Safety Act in order to prevent children from seeing content that is not age-appropriate,” Niblett said. “I was assured MLNP was Ofcom-compliant, having only ever signed in myself using my own age to access the site.”

Niblett has described the “Summer of Sex” initiative as part of a broader effort tied to the government’s approach to addressing harmful online content, including recent measures affecting certain categories of adult material.

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