The European Union (EU) has officially designated popular pornographic websites Pornhub, XVideos, and Stripchat as “Very Large Online Platforms” (VLOPs) under the Digital Services Act (DSA). This designation subjects these platforms to stricter requirements, including age verification for their users. The EU aims to tackle illegal content dissemination and hold these platforms accountable for their algorithms and processes.
Under the DSA, Pornhub, XVideos, and Stripchat are required to verify the ages of their users by February 2024. Moreover, as VLOPs, these platforms must conduct risk assessments and take measures to mitigate the spread of illegal content, particularly child sexual abuse material and deepfake pornography. Transparency is also a significant aspect, with obligations such as external audits, publishing transparency reports on content moderation decisions, and providing data to researchers.
EU Executive Vice-President Margrethe Vestager welcomed the designation, highlighting the increased scrutiny and accountability it brings to the platforms’ algorithms and processes. This move follows the EU’s initial list of 17 VLOPs and two Very Large Online Search Engines released in April 2023, which included prominent platforms like Amazon, Facebook, and Google. However, the list did not include any pornography-specific services.
The inclusion of Pornhub, XVideos, and Stripchat as VLOPs challenges the self-reported user numbers provided by these platforms. XVideos claims to have 160 million “average monthly recipients” in the EU, while Pornhub reports 33 million monthly users. The EU’s designation suggests skepticism towards these figures. In contrast, other platforms like XHamster and YouPorn have reported lower user numbers. In response, a group of NGOs expressed concern over these potentially low numbers, suggesting that these platforms are trying to evade their responsibilities.
The EU’s designation of these platforms as VLOPs aligns with international efforts to enforce stricter age verification measures on pornography websites. Several US states have implemented age gating systems with varying degrees of success. France, Germany, and the UK have also pursued regulations at the national level to address this issue. The UK recently passed its Online Safety Act, and the EU’s actions further emphasize the need for enhanced age verification in this sector.
While VLOPs face the strictest regulations under the DSA, the EU’s press release clarifies that all online platforms and search engines must adhere to a general set of rules. These include providing a mechanism for reporting illegal content and avoiding targeted advertising based on sensitive data profiling, such as ethnic origin or sexual orientation.
Many companies on the initial list of VLOPs, including Amazon and German online retailer Zalando, have launched legal challenges against their designation. Amazon argues that it does not fit the description of a VLOP and should not be subject to the same regulations. Zalando has also pushed back against its designation. The outcome of these legal challenges will have implications for the enforcement of the DSA and the delineation of VLOPs.
Since the DSA came into effect for the first batch of VLOPs in August, EU regulators have been proactive in enforcing the new rules. They have sent formal information requests to Meta and TikTok regarding their handling of illegal content and disinformation related to the Israel-Hamas war. Furthermore, formal proceedings have been initiated against X (formerly known as Twitter) to determine whether it breached the DSA.
The EU’s designation of Pornhub, XVideos, and Stripchat as VLOPs marks a significant step in regulating online platforms within the pornography industry. Addressing age verification and mitigating the spread of illegal content are crucial aspects of these regulations. As enforcement efforts continue, the outcome of legal challenges and ongoing investigations will shape the implementation and effectiveness of the DSA.
Leave a Reply