Legislative Impact, Challenges & Ongoing Legal Advocacy
FOSTA-SESTA, which is the short way of saying the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), are acts that were passed into U.S. federal law in 2018. FOSTA-SESTA aims to combat sex trafficking in the United States by expanding liability for online platforms that either promote or facilitate sex trafficking. This act impacts platforms, survivors, and advocacy groups, with law enforcement also using FOSTA‑SESTA as a tool in investigations. It isn’t perfect, as there have been some consequences and challenges with the law, which have led to criticism. Today, we’re going to discover how the FOSTA-SESTA law is affecting online sex trafficking and discuss some of the benefits and challenges it has provided.
What is FOSTA‑SESTA?
FOSTA-SESTA was passed into law in 2018 in the United States to try to combat sex trafficking by expanding liability for the promotion and facilitation of sex trafficking within online platforms. While supporters of the act see it as a positive way to target those who are enabling trafficking in the U.S., there are some concerns regarding censorship. It emerged as a result of fears of Section 230 and the spread of online trafficking. Section 230 previously helped to shield websites from liability when it comes to the content posted by the site’s users. This law then allowed for the prosecution of websites that knowingly facilitate sex trafficking.
Platforms must remain compliant with this law and understand the associated liability changes and penalties for facilitating this crime. It affects platforms, survivors, law enforcement, and advocacy groups, as the law has now criminalized online platforms that host content on their sites related to prostitution and sex trafficking.
Intended Goals & Positive Impacts
There are many positive intentions behind FOSTA-SESTA. Its goal is to strengthen accountability for platforms that facilitate sex trafficking, many of which have slipped through the cracks in the past when it comes to investigations for this crime. Since the introduction of FOSTA-SESTA, law enforcement has been able to use the law as a tool in investigations. One of the strongest examples of the use of FOSTA-SESTA was within the closure of Backpage.com. This site was used for classified ads, and the investigation led to the takedown of this website, thanks to the legislation. The positive impact of this law is that it has helped to remove many illegal postings and websites, and provides law enforcement with more backup when it comes to fighting this cause.
Unintended Consequences & Challenges
While the reception toward this law has been positive from many communities, some unintended challenges and consequences have come about as a result of its introduction. Survivor safety and survival sex is one of the top concerns. The law has pushed traffickers, many of whom were already at risk, into more dangerous, hidden environments.
There are also criticisms about the over-moderation of online platforms, including the sweeping removals of legitimate content, such as consensual adult ads. Those who are passionate about the right of free speech claim that it shuts out voices moderating content or raising awareness about various causes online. There has been an impact on online harm reduction services as well, with moderators, outreach programs, and harm‑reduction ads shut down due to fear of liability.
What the Research & Data Say
While the intentions of FOSTA-SESTA were certainly very positive, there has been mixed evidence of its success since its introduction. The U.S. Government Accountability Office report suggests that the impact on trafficking rates has not been particularly high, but the law has harmed sex workers following its implementation. There are still ongoing legal challenges surrounding FOSTA-SESTA, with the Electronic Frontier Foundation discussing the violation of free speech and the law’s extreme censorship. The Anti-Trafficking Review is a valuable resource for those seeking to learn more about this cause, with this study discussing the closure of Backpage and the impact on already marginalized individuals. Many have raised concerns regarding the broad language used in the law, which is related to the censoring of helpful information regarding sex trafficking, such as sexual health resources.
Critiques & Legal Advocacy
Key advocacy groups voicing criticism of FOSTA-SESTA include the ACLU and digital rights groups. Many of these groups and organizations suggest legislative reform proposals and amendments to safeguard harm-reduction tools and protect vulnerable groups. Lawsuits have emerged since the law’s introduction, challenging aspects of FOSTA‑SESTA.
All in all, survivors have seen the law helping over the years, with local activists and survivors, such as Rebecca Bender of Grants Pass, praising the act for supporting their recovery and safety.
Alternatives & Balanced Approaches
When it comes to alternatives and taking a more balanced approach toward this topic, it’s worth researching best‑practice models from other countries. Nordic countries and New Zealand take their approaches to online trafficking prevention and are places often cited in discussions about the topic. Based on the ideas seen around the world, proposed changes to the law include clearer safe‑harbors for harm‑reduction, judicial review for content removal, and a more survivor-centered policy design. There is also a case for more community-based prevention and outreach, both inside and outside websites, to support platform owners and victims in the future. Advocates are suggesting policy changes that distinguish between consensual sex work and trafficking, which could help to address the causes of exploitation.
About Bridging Freedom
Bridging Freedom is a nonprofit organization based in Florida dedicated to ending human trafficking in the Tampa Bay area by providing safe, long-term restorative care to female survivors. The organization offers a secure campus environment where survivors receive housing, counseling, education, and life-skills training to help them heal and rebuild their lives. Bridging Freedom also engages in community outreach and education to raise awareness, prevent exploitation, and advocate for stronger protections for vulnerable individuals.
Whether you are a policymaker, platform owner, survivor, or advocate, we encourage you to continue to research FOSTA-SESTA to ensure you comply with this law. Bridging Freedom aims to combat minor sex-trafficking in Florida and across the nation, so don’t hesitate to contact us for more information about the services and support we offer to victims.