FSC Warns Adult Biz on New NC Consent Law

By: Keith Witchka, Senior Editor | JRL CHARTS — Gay Adult Industry News

CHATSWORTH, CA — (November 24, 2025) — The Free Speech Coalition (FSC) has issued a major industry-wide advisory following North Carolina’s passage of a sweeping new law aimed at adult content creators, performers, and online platforms. The legislation — the Prevent Exploitation of Women and Minors Act — goes into effect December 1, 2025, and directly threatens long-standing model releases, federal frameworks, and basic contract protections used across the adult entertainment landscape.

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According to FSC, the law is vaguely drafted, overly broad, and appears to conflict with federal statutes and decades of established legal precedent, including documentation and 2257-style recordkeeping practices relied upon by the U.S. adult industry.

What the Law Demands from Producers

The statute forces producers of “actual or feigned sexual activity” to secure written performer consent covering:

Each sex act depicted
Permission to distribute the content
A mandatory statement explaining NC’s definition of “coerced consent”
A declaration informing performers they may withdraw consent at any time

While the bill doesn’t spell out how these forms must be generated, FSC warns they are required before any content can appear online — effectively creating a new documentation tier that may contradict federal standards.

Requirements Before Upload

Any site publishing or distributing “pornographic content” must secure:

All written consents noted above
Full age-verification records
Identity verification for every performer depicted

72-Hour Takedown Mandate

The law requires platforms to display removal instructions prominently and respond to takedown requests within strict state-imposed deadlines.

Platforms must:

Remove any qualifying content within 72 hours if a performer or their representative demands it
Review and verify consent documentation if a third party makes a removal request
Permanently prevent republishing of any content removed, including edited versions

Enforcement & Penalties

Both the North Carolina Attorney General and individual performers may file lawsuits, creating massive financial exposure.

Penalties apply per image, per day
Performers may sue for actual damages or $10,000 per day, whichever is greater
Platforms have 24 hours to comply with AG takedown orders or face $5,000 per day in fines
Failure to display takedown instructions triggers $10,000 per day in penalties

The law also applies retroactively, covering acts or omissions that occurred before the December 1 start date.

FSC’s Guidance to the Industry

FSC stresses that the law’s scope is unclear and may contradict federal frameworks. Companies are urged to review the statute with their legal counsel immediately to assess exposure, update compliance procedures, and prepare for potential takedown abuse.

FSC members can access industry-friendly attorneys through its Industry Professional Directory.

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