When everything seems chaotic, it’s hard to concentrate on one issue. Republican Senator Mike Lee from Utah has added a controversial proposal to the ongoing discussions about internet regulation. He has put forth a plan to criminalize online pornography, which has raised alarm among various groups concerned about freedom of expression and individual rights.
According to a report by 404 Media, this marks Lee’s third attempt at introducing the Interstate Obscenity Definition Act (IODA) since 2022. In a press release from Lee’s office, he states that the bill aims to clarify the legal definition of ‘obscenity’ across all states, with a supposed goal of protecting children.
However, this ‘child-protection’ narrative often acts as a cover for broader censorship efforts, unreasonably linking societal problems to both video games and pornography.
Lee’s current proposal seeks to alter the standards set by a 1973 Supreme Court decision by removing ‘intent’ and expanding the criteria for what is considered obscene. This poses several risks:
- Individuals should have the right to consume or create pornography without scrutiny.
- This could be used as a pretext to target LGBTQ+ content more generally.
- It sets a dangerous precedent for banning adult video games and other media.
- Social media platforms hosting such content could face severe restrictions.
- There is a long history in the US of spurious obscenity claims, as highlighted by the ACLU.
Currently, the US legal framework relies on the Miller test to evaluate whether a subject appeals to ‘prurient interest.’ The IODA language complicates this by adding vague definitions that open the door for arbitrary enforcement and censorship. Critics fear this could have a chilling effect on various creative expressions, particularly in gaming and other online communities. As the political climate remains unstable, it’s crucial to remain vigilant in understanding the potential impacts of such legislation.
