Making A Porn Site Legal Guide

Legally Producing Adult Content.

A big area you need to cover in your budding adult business is porn legal issues. The laws about porn are complicated, and it will pay to cover yourself legally. You will need a lawyer who can help you cover all your bases to make sure you don’t end up in a lawsuit, or worse, prison. This guide will give you a general overview of porn legal issues to be aware of and prepare for. From consent forms and legal ID documents to laws about sexual acts, we will go over all the basics. Remember that you’ll want to consult with an attorney for your legal documents and specific situation.

Adult Website Legaly

Can I make porn?

Legal Consequences
Pornsite Law Gavel

Pornsite Law Gavel

Making adult content and distributing it online are two separate issues. Porn is a multi-billion dollar industry in the United States and has had relative legal approval since the 1970s when obscenity laws were challenged in several landmark rulings. The Supreme Court established that obscenity is not protected by the First Amendment in 1957. They defined obscene as "utterly without redeeming social importance." Since then, what is obscene has been changing. In the 1970s, the Supreme Court left it to local municipalities to define it using a three-part test (Miller v. California 1973). However, in the 1990s, the Internet made these prohibitions on porn distribution relatively moot. Congress attempted to limit porn on the Internet in 1996's Communications Decency Act, but that was found to be unconstitutional.

Communications Decency Act (CDA) criminalized the dissemination over computer networks of obscene or indecent material to children, and it was ruled unconstitutional under the First Amendment in 1997. Congress passed the Child Pornography Prevention Act (CPPA) of 1996, and key parts of this were overturned but several were upheld. The Child Online Protection Act (COPA) of 1998 was then passed as a response to these setbacks. It too faced the same fate as it was eventually overturned. That said, having any adult videos with minors under age 18 can land you in jail, so you definitely want to have proof of age for each of your adult actors.

Association of Sites Advocating Child Protection (ASACP)

ASACP is a non-profit organization dedicated to eliminating child exploitation and underage access to adult-oriented content. They developed the Restricted To Adults (RTA) label, which allows content filtering software to block access to adult material effectively.


Free Speech Coalition (FSC)

The FSC is a non-profit trade association that advocates for the rights and well-being of adult industry professionals. They represent the interests of the adult entertainment industry, provide legal and legislative support, and operate the Performer Availability Screening Services (PASS) for STI testing.


Performer Availability Screening Services (PASS)

A program operated by the Free Speech Coalition, PASS maintains a database of adult performers' up-to-date STI test results. This helps ensure performers' health and safety by providing a centralized and standardized system for tracking and sharing test results.


Adult Performer Advocacy Committee (APAC)

APAC is an organization run by adult performers that advocates for performers' rights, safety, and well-being. They provide resources and support, promote health and safety initiatives, and represent performers' interests in the industry and beyond.



  • You have a valid corporate status
  • You have a folder of documentation
  • You have a long term storage for these documents
  • You have a valid bank and are filing proper tax documents
  • You have these incorporated into an operating plan