The European Union is regulating three of the largest pornography sites in the world under its Digital Services Act, by implementing measures such as age verification and pressing for the removal of illegal content, as these sites are added to the “very large online platforms” subject to EU oversight.
Key Facts
Pornhub, Stripchat, and XVideos are now classified as very large online platforms after reaching the EU’s threshold of an average monthly user base of 45 million in the bloc, and they must comply with the Digital Services Act by February 17.
These platforms will be required to allow users to report illegal content; notify law enforcement if they receive information about a crime involving threats or potential harm to someone’s life or safety, including cases of child sexual abuse; redesign their systems to protect the safety and privacy of minors; halt targeted advertising based on sensitive data such as users’ racial origin or sexual orientation; and publish transparency reports on their content moderation processes annually, among other provisions.
Additional Measures
Over the next four months, the sites will have to take additional, stricter measures than those outlined in the Digital Services Act, including submitting independent and external risk assessment reports reviewed by the EU on how they handle the sharing of illegal content, such as child sexual abuse and non-consensual materials and pornography; adopting measures to prevent the spread of illegal content; and using age verification tools to prevent minors from accessing the sites.
XVideos announced that as of February 17, it has 160 million average monthly users in the EU, while PornHub stated in response to the classification that as of July 31, it has 33 million average monthly users in the bloc – a figure disputed by the EU, thereby classifying PornHub as a very large online platform.
Background
Before the EU’s regulatory action, some countries in the bloc, including France and Germany, attempted to regulate the sites by imposing age verification, according to the Financial Times. In the United States, some states have also attempted to regulate pornography sites with age verification laws, including Mississippi, Virginia, Utah, and Arkansas. In April, the European Commission classified 19 sites, including Facebook, Instagram, and TikTok, as very large online platforms and required them to comply with obligations under the Digital Services Act, which aims to protect users’ rights and safety online and on platforms by August. Platforms that fail to comply with the Digital Services Act regulations could face penalties of up to a fine of six percent of their annual global profits or a ban in the EU. Since then, the EU has requested additional information from Meta, TikTok, and X regarding their handling of child safety risks and the dissemination of false information related to the Israel-Hamas war. The Commission opened its first formal investigation into X on Monday, accusing it of failing to address the spread of misinformation and illegal content on the site.
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