Elon Musk’s social media platform, X, formerly known as Twitter, may be facing significant legal challenges in Texas following recent updates to its terms of service that officially allow adult content. The changes, made in late May, could put X in direct violation of Texas’s new age verification law, which mandates websites hosting adult content to verify the age of their users.

X’s new policy permits users to share consensually produced and distributed adult nudity or sexual behavior, provided it is properly labeled and not prominently displayed. This includes content depicting “full or partial nudity, including close-ups of genitals, buttocks, or breasts” and “explicit or implied sexual behavior or simulated acts.” AI-generated images and videos are also covered under this policy.

These changes appear to conflict with Texas House Bill 1811, which went into effect on September 1, 2023. The law requires websites hosting adult content to implement age verification systems to prevent minors from accessing such material. Non-compliance can result in fines of up to $20,000 per day and an additional $250,000 if any minor accesses the content.

Several adult websites, including Pornhub, challenged the Texas law, arguing it was unconstitutional and violated Section 230 of the Communications Decency Act. Initially, the court sided with these websites, temporarily blocking the law. However, the 5th Circuit Court of Appeals later allowed the law to go into effect. Following this, Texas Attorney General Ken Paxton countersued the websites for fines dating back to the law’s implementation date.

In response to the legal pressure, Pornhub began geoblocking users in Texas, while Chaturbate agreed to implement an age-verification system and settled with the AG’s office.

X, under Musk’s leadership, has unofficially allowed adult content for some time but lacks an age verification system. Musk, a vocal advocate for free speech, has previously reinstated accounts of controversial figures, garnering support from conservatives. However, this latest policy change could put X in direct conflict with Texas law.

The new rules on X state: “We believe that users should be able to create, distribute, and consume material related to sexual themes as long as it is consensually produced and distributed. Sexual expression, whether visual or written, can be a legitimate form of artistic expression. We believe in the autonomy of adults to engage with and create content that reflects their own beliefs, desires, and experiences, including those related to sexuality.”

Despite this, the policy emphasizes restrictions to protect minors and users who opt out of viewing adult content: “We balance this freedom by restricting exposure to Adult Content for children or adult users who choose not to see it. We also prohibit content promoting exploitation, non-consent, objectification, sexualization, or harm to minors, and obscene behaviors. We also do not allow sharing Adult Content in highly visible places such as profile photos or banners.”

Calls and emails to the Texas Attorney General’s office seeking clarification on whether X’s new policy violates state law were not returned as of press time. However, given Paxton’s strong support for the age verification law and his previous actions against similar websites, it is likely that legal scrutiny of X’s policies will follow.

The recent policy update by X, allowing adult content, places the platform at odds with Texas’s stringent age verification law. As the social media landscape continues to evolve under Musk’s direction, the balance between free speech and regulatory compliance remains a contentious issue. The outcome of this potential legal battle could set significant precedents for how adult content is managed and regulated on social media platforms in the future.