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EU Clamps Down on Major Porn Sites with New Digital Services Act Regulations

LEGAL NEWS STRAIGHT

Major adult content platforms Pornhub, Stripchat, and Xvideos are set to face the stringent requirements of the European Union’s Digital Services Act (DSA) starting next week. This move marks a pivotal step in the EU’s efforts to enforce digital responsibility and safeguard its citizens on a vast scale.

The DSA, a groundbreaking piece of legislation by the EU Commission, targets online platforms that significantly impact the European digital space. To fall under this stringent regulatory framework, services must engage over 10 percent of the EU’s population, which equates to roughly 45 million people. Under these rules, platforms are mandated to conduct thorough risk assessments and mitigate potential threats that could undermine democracy, public safety, and the fundamental rights of individuals, particularly minors.

Starting April 21 for Pornhub and shortly after for Stripchat and Xvideos, these adult sites must undertake comprehensive analyses to identify and curtail illegal and damaging content, with a pronounced focus on protecting children and minors from exposure. The obligations include disclosing data and algorithmic processes to authorities and qualified entities to ensure transparency and accountability in their operations.

A notable aspect of the DSA’s application to these sites is the endorsement of online age verification systems (AVS), a topic that has sparked widespread debate regarding privacy and efficacy. The EU Commission has committed to vigilant oversight to ensure compliance, with potential fines looming large for non-compliance—penalties could reach up to 6% of the platforms’ annual global turnover, alongside periodic charges that could amount to 5% of daily revenues.

Originally, platforms such as YouPorn, Pornhub, and OnlyFans positioned themselves below the DSA’s threshold for “very large online platforms,” but scrutiny and subsequent evaluations have brought them under this regulatory umbrella. Since February 17, 2023, when the DSA expanded to encompass all online platforms, the adult entertainment industry has been under pressure to overhaul its content moderation frameworks and advertising practices, notably the prohibition of targeted advertising towards children.

As these regulations take effect, the adult industry is poised for significant changes in Europe. Platforms are expected to innovate in how they verify age without infringing on privacy, a technological and ethical challenge. Meanwhile, the EU continues to set a precedent for digital regulation, potentially influencing global norms and practices in the digital domain, including social media giants and tech conglomerates already identified as major players under the DSA.

The unfolding application of the DSA to these adult platforms not only underscores the expanding reach of digital regulation but also highlights the controversies that arise when confronting the intersecting issues of privacy, safety, and freedom of expression in the digital age. As the deadline approaches, the adult sites’ response and adaptation strategies will be closely monitored by regulators, industry stakeholders, and digital rights advocates alike, setting the stage for a new era of digital governance in Europe.


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