Age verification software allows businesses to determine the age of their consumers. This frequently occurs throughout the KYC or onboarding process. In this article, we will look into Louisiana’s age verification law.
The Louisiana Age Verification Law
Legislator Laurie Schlegel of Louisiana proposed a bill on April 13, 2023, requiring identification before granting access to adult websites. One of the biggest providers of adult content, MindGeek, chose to remove its services from numerous states rather than comply with severe rules, causing a major upheaval in the business.
Although age verification systems are not mandated by law, Louisiana may impose penalties on websites that expose minors to a “significant amount” of uncensored adult material. It is the responsibility of these websites to fail to confirm the age of those wanting to access their content.
Notably, after access to the content has been allowed, these websites “may not store personally identifiable information (PII),” according to the regulation. Thanks to technological advancements, people can verify their age to access age-restricted content and platforms without disclosing excessive personal information.
A recent survey conducted by Ofcom found that over 25% of children aged 3 to 4 and 75% of children aged 5 to 7 in the UK spend more than nine hours per week online, highlighting the importance of age verification. According to the survey, 53% of parents worry that their kids may lie about their age to use online services.
Also, there are other age verification regulations in effect such as
- The Safer Online Act by the UK government. The purpose of this Internet Safety Act is to protect kids from the harmful and age-inappropriate material found on different websites.
- Age verification law plays an important role in the US to project minor kids online. They have the Children’s Online Privacy Protection Act (COPPA) and similar laws to keep an eye on children’s online safety as per federal requirements.
Key Provisions of the Law
The state government has adopted a firm position to increase internet safety and make sure platforms adhere to responsible content guidelines. For instance, La. Rev. Stat. § 14:91.14 highlights the significance of efficient age verification. According to the law, posting dangerous content with kids online is punishable by the Louisiana Statute. The Louisiana statute’s provisions are highly detailed, defining its scope as well as how it would be enforced. Most of the legislation is broad and covers a variety of Internet businesses.
Platforms that carry explicit content are subject to a stricter age verification process, so be aware of that. Furthermore, numerous social media platforms are covered by law, which acknowledges their existence and accessibility to minors.
What Identification Documents Are Acceptable?
A Louisiana driver’s license or other form of state-issued identification, such as a digital ID, is necessary for adults who are 18 years of age or older to access these sites. A “commercial age verification system that performs one or more of the following checks:” is another verification technique listed in the Louisiana Age Verification Law.
- Government-issued identification.
- Any commercially acceptable technique based on personal or public data to confirm that the individual requesting access to the data is eighteen years of age or older.
In addition, La R.S. 26:90 recognizes the following documents as acceptable
- a valid, special identification card issued by the State of Louisiana with a personal photograph,
- a valid passport or visa, or
- a valid, federally issued military identification card that includes the person’s birthdate and photo.
According to the Department of Homeland Security, “travelers to the United States will need a REAL ID to board domestic flights and gain access to certain federal buildings as of May 3, 2023. Since this ID photo has a gold star, it needs to be accepted as legitimate.
Penalties and Consequences of Non-Compliance
There are penalties for breaking the Louisiana Age Verification Law. The law makes sure that platforms can be held responsible for any carelessness in their age verification procedures by establishing a formalized system of penalties, including fines. These penalties can be a maximum of USD 5,000/day. In addition, as stipulated by law, organizations that willfully breach the Act may be hit with an extra $10,000 in civil penalties.
Furthermore, businesses might face operational limitations that pose a serious legal barrier to adhering to the law.
Global Age Verification Laws: Challenges and Controversies
Age verification rules are disliked by a lot of people. Why?
The regulations, according to organizations like the Free Expression Coalition, may weaken free expression. Additionally, things become more difficult when you sign up for a website and it requests additional age verification. This raises the question: Do these regulations protect kids’ internet safety?
Would more personal data imply stricter age verification? This is a valid concern. After all, can we believe that new rules won’t make things worse, given how frequently we hear about data breaches?
The introduction of the Louisiana age verification law has focused attention on data protection and user privacy, as several stakeholders have voiced worries about the possible dangers of gathering and retaining user data.
Free Speech Debate
Every area of the global village that is the Internet has its own set of laws. Some shout from the rooftops, “Freedom of speech!” while others think that children’s eyes should always be safeguarded. Everyone is trying not to tumble off the rope.
Global Variations in Age Verification Laws
Platforms must comprehend and select appropriate age verification solutions to effectively navigate these diverse legal domains. Platforms must abide by the regulations given forth by various nations to maintain compliance. For example, German law may have been under fire for being too restrictive, but US law. laws like COPPA where minors can misuse age Platforms. They have to understand and choose the right age verification solution for their business needs to quickly address legal situations.
A Mix of Global Approaches
South Korea has replaced South Carolina in age verification. For example, many states have laws specifically banning vaping and electronic cigarettes. By examining these differences in more detail, you can gain a more comprehensive understanding of the age verification industry.
How To Ensure Compliance with Age Verification Laws
With the introduction of Louisiana’s age verification law, businesses must make changes to remain in compliance and preserve their status as trustworthy and ethical companies. This is where KYC AML comes into play. We can provide research-based advice to help you find the most appropriate KYC solution offering age verification services.
Regulations are important to maintain a healthy digital environment because they ensure that online forums are safe and responsible places. The main objective is to protect young people and other vulnerable groups from potentially harmful substances. However, there are many nuances to this balance. This must balance several factors, including ethical issues, the international legal framework, and technological advances.