Porn industry at risk from California ballot proposal

Porn industry at risk from California ballot proposal

Citizens to vote on proposal to require condoms and grant enforcement authority to any state resident.

Pornography is a multibillion dollar industry that, given its subject matter, often operates under the regulatory radar. But in California, health advocates have backed legislation that could subject the industry to new regulations that could be enforced by any viewer.

Under the proposed new rules actors in pornographic movies would be required to wear condoms, according to U.S. News & World Report. Such a proposal is nothing new. But under the latest bill, which will be on the state ballot as a citizen’s initiative for the 2016 vote, all companies and individuals responsible for pornographic content that violates the rule could be liable to civil suits brought by any state resident.

The AIDS Healthcare Foundation, which developed the initiative and worked to get the needed signatures to place it on the ballot, says it will reduce HIV infections and other sexually transmitted diseases in the porn industry. The Foundation has also pushed for similar requirements for condoms in porn through the California Division of Occupational Health and Safety (CAL/OSHA) and through a Los Angeles County ballot measure.

CAL/OSHA has signaled that it may adopt the rules before next year’s ballot, but the workplace regulator’s proposal does not go as far as the ballot measure. The agency’s rule would include a six-month statute of limitations, meaning that producers could simply withhold release of their films and thus claim exemption from the rules.

By contrast, the ballot measure calls for a two-year statute of limitations, and also create liability broadly for those involved in porn production, which the proponents of the measure say is necessary to insure that producers do not evade the law through the use of subcontractors.

Opponents of the measure from within the industry say it would be used to encourage unscrupulous anti-porn activists or eager lawyers to bring hundreds of unjustified lawsuits against porn actors or others, clogging the courts.

A spokesman from an industry group, the Free Speech Coalition, stated that the AIDS Healthcare Foundation is intent on an anti-sex crusade. They point to a recent statement by the Foundation’s chair, who questioned the AIDS drug Truvada, calling it “a party drug” for people seeking reckless sex.

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