The PROTECT Act of 2026 mandates strict age and consent verification for online pornographic content, establishes civil and criminal penalties for non-compliance, and requires platforms to prevent the reupload of flagged intimate imagery.
Mike Lee
Senator
UT
The PROTECT Act of 2026 mandates that online platforms hosting pornographic content implement rigorous age and identity verification for users and obtain explicit, documented consent from every individual depicted in such media. The bill establishes significant civil and criminal penalties for platforms and users that fail to comply with these requirements. Additionally, it strengthens existing law by requiring platforms to actively prevent the re-uploading of flagged intimate visual depictions.
PROTECT Act of 2026 Mandates ID Verification and Explicit Written Consent for All Online Adult Content
The PROTECT Act of 2026 aims to overhaul how adult content is handled online by turning every platform into a digital bouncer. Under this bill, any website or app that primarily hosts user-generated videos or images—or regularly features intimate depictions—cannot allow an upload unless they first verify the user’s identity and age using a government ID and a digital certificate or PIN. This isn't just a 'check this box if you're 18' situation; the bill specifically bans simple self-attestation in favor of more rigorous, tech-heavy verification measures.
The Digital Paper Trail
The bill introduces a heavy administrative lift for anyone creating or hosting content. For every person appearing in an image or video, the platform must independently verify they were at least 18 when the content was made. More importantly, the platform must collect a specific consent form—either an official one from the Attorney General or a pre-approved alternative—that lists every specific sex act the person agreed to perform, the geographic area the consent covers, and a statement that they can withdraw that consent at any time. For a small business owner running a niche membership site or a creator managing their own platform, this means every single file needs a matching folder of government IDs and signed legal contracts (Section 2257B).
High Stakes for Platforms and Users
The financial and legal risks here are massive. If a platform fails to verify a user correctly, the Attorney General can slap them with a civil penalty of up to $10,000 per day for every single image that stays on the site. If you're a person whose image was posted without this specific paperwork, you can sue the platform or the uploader for that same $10,000-per-day rate or actual damages. On the criminal side, a first-time violation can land an uploader in prison for up to five years, while repeat offenders face a mandatory minimum of two years and up to ten years (Section 2).
Blocking the 'Forever' Upload
One of the most practical shifts in the bill is the update to the TAKE IT DOWN Act. It doesn't just require platforms to remove non-consensual intimate images once they are flagged; it mandates that they prevent them from being reuploaded in the future. This essentially requires platforms to implement 'fingerprinting' technology to recognize and block specific files from ever appearing again once they’ve been identified as problematic. While this offers a powerful tool for victims of 'revenge porn,' it also places a significant technological and cost burden on smaller platforms that might not have the sophisticated AI needed to scan every incoming upload against a database of banned content.