There are many legal issues to think about when it comes to adult web hosting. Laws are different according to different places and with the internet, it is a huge problem because it is international and without borders. Therefore, a huge role is put down on the webmaster to whether they want to abide law or not because they are the ones that decide what sort of content goes onto their website and what don’t. So, if they have good faith, they will avoid putting up content that can be considered as obscene and not suitable for minors.
However, the definition of obscene would vary from one individual to another. Most people would say that adult web hosting is obscene. Any form of pornography will be directly inflicted into this category. So, if there is a case of a 12 year old visiting your website with obscene materials, they could press charges against you. So, if this happens, you as the webmaster will require the services of a lawyer to defend you.
The word ‘obscene’ in adult hosting refers to things like child pornography, rape and incest. You will see that there are plenty of websites that claim that they have this kind of content but most of the time, those content are re-enactment or play-acted scenes. In any case that they are real, the webmaster will be in a lot of trouble.
To test if a website is breaking the law, you could use a popular test called the ‘Miller Test’. If a website is considered not having any artistic, literary, scientific or cultural merits after the test, the website will be considered as obscene. Therefore, you can use your website like a magazine an include content on those topics; you can reduce the chance of getting your website declared as obscene.
So, it is not easy to start an adult hosting. If you want to do so, you must begin with a personal lawyer to explain to you about the steps legally. Although you can avoid legal pitfalls but there is no guarantee in adult hosting that you will not have any problems once you have your website up and running.
There should always be a warning page for visitors when they arrive at your website. This is to warn the visitors that your website may contain adult content. It can be a disclaimer or a pop up page to warn the visitors that the materials you have should not be viewed by anyone who is under 21 years of age. The warning page should also mention that ignoring this warning would be an illegal act.
However, even with the warning page, you still have to take responsibility on keeping the minors away from viewing your adult material. If an underage person still proceeds to view your adult content, you could still be in trouble. Therefore, the warning page is an act in good faith but it is just a weak precaution to remind the minors that they should not be viewing the adult materials.
Webmasters can use Age Verification System to further enhance their efforts to prevent minors from accessing their adult website. Although it may not be perfect but this system provides an added feature to ensure that your visitor is above 18 years of age.