Would A Porn Ban Actually Work In Michigan?

Back in January of 2024, I wrote an article about the possibility of Michigan ever banning or strictly restricting access to pornography throughout the state. This was based on a North Carolina bill that was passed, which required users to verify their ages via ID verification before accessing sites containing pornographic material.

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This has become the law in nearly half the country, with even the Supreme Court recently weighing in on the topic. However, a bill was introduced yesterday that would take this to the next level: a complete ban on porn in the state that would carry some severe punishments and fines if you do.

But would a ban like this actually be effective, and how successful have the ID verification laws been so far?

Michigan Porn Ban House Bill No. 4938

Introduced on September 11th, House Bill No. 4938, a.k.a. the "Anticorruption of Public Morals Act", has two main components:

An all-encompassing ban on pornographic material:

• A ban on any pornographic material that is a "depiction, description, or simulation of specific sexual activities, whether real, animated, digitally generated, written, or auditory," including a variety of sexual activities like intercourse, various kinks, and voice content like "moaning or sensual voice".

A specific mention targeted at pornographic material featuring transgender people:

• The depiction, description or simulation "whether real, animated, digitally generated, written, or auditory, that includes a disconnection between biology and gender by an individual of 1 biological sex imitating, depicting, or representing himself or herself to be of the other biological sex by means of a combination of attire, cosmetology, or prosthetics, or as having a reproductive nature contrary to the individual's biological sex."

The penalty for viewing pornography, if the bill were to be approved, is extreme, according to the bill sponsor, Rep. Josh Schriver. The punishment is up to 20 years in prison and/or a fine of $100,000.

READ MORE: Michigan’s Favorite Pornhub Category This Year Will Surprise You

If it includes more than 100 pieces of "prohibited material," the penalty increases to 25 years and a $125,000 fine. Plus, the bill's sponsors have expressed that violators should be registered as sex offenders for violating this law.

How Enforceable Is This?

Research by New York University's Centre for Social Media and Politics and other universities has conducted studies to see how effective porn bans/restrictions have been, and the research has proven they do not work. Their research found that, instead of people no longer viewing this content, they would attempt to find alternative ways to view. To the lawmaker's credit, the UK has seen porn site traffic plummet since it banned age verification back in August.

As anyone who has tried watching Netflix in other countries has learned, it's relatively easy to circumvent bans imposed by your ISP. VPNs allow you to make your internet connection appear as if you're in another part of the world, thereby bypassing any laws made in Michigan. Additionally, others will seek their content in darker and less moderated places, as has been seen in the UK. It's a slippery slope.

It will be interesting to see how legislators react to the bill since Michigan would be the first state to ban it altogether.