SALT LAKE CITY — A federal judge has put a lawsuit filed by the parent company of Pornhub and other adult content websites against the state of Utah on hold. This pause comes as the Utah State Legislature may consider changes to Senate Bill 73, a controversial law concerning adult content.
Court records reviewed indicate that Utah's Department of Commerce and Aylo Freesites, the parent company, have agreed to stall the litigation. U.S. District Court Judge David Barlow has already issued a preliminary injunction, which is currently in effect and blocks the enforcement of the law.
Lawyers for Aylo and the Utah Attorney General's Office, who represent the Utah Department of Commerce, filed a joint motion detailing the reason for the delay. In the motion, they stated that "the parties anticipate that the Utah Legislature may consider amending the statute." They further explained that rather than continuing litigation against the current version of the bill, both sides agreed that a stay would be the most efficient course for both the parties and the Court to observe any potential amendments the Legislature might make to the challenged provisions of S.B. 73.
Judge Barlow has agreed to delay the litigation. According to court records, the hold will remain in effect until after the 2027 Utah State Legislature adjourns.
Aylo Freesites initiated the lawsuit against Utah after lawmakers passed Senate Bill 73, which Governor Spencer Cox subsequently signed into law. The adult content company had argued that the law, enacted by the Utah State Legislature, would mandate age verification for adult content sites for individuals within Utah. A significant point of contention for Aylo was the law's targeting of Virtual Private Networks (VPNs). These technologies can make it appear as though a user is located outside the state or even in another country, complicating the age verification requirements.
In arguments presented in July, Aylo expressed fears of both civil and criminal liability under the new law. The company also contended that the legislation infringes upon the rights of people outside Utah and around the world, given the nature of online content distribution.
Judge Barlow previously sided with Aylo on these concerns, stating that the law itself is vague. The Utah State Legislature retains the ability to modify the existing law. Beyond the age verification mandates, Senate Bill 73 also imposed a tax on adult-content websites. This tax revenue was earmarked specifically for youth mental health programs across the state.
In a related development, Pornhub and other similar sites have already taken action in protest. For about a year now, these platforms have blocked Utah IP addresses. This move by adult content providers serves as a political protest against anti-pornography laws that the state legislature has passed. The ongoing block means that many Utah residents have been unable to access these sites directly from within the state, highlighting the broader impact of the legislative decisions on local internet access to these platforms. The current pause in litigation provides time for legislative reevaluation, potentially altering the landscape for both content providers and Utah residents concerning online adult content access.
