Investigation Launched by EU on Four Adult Content Websites Due to Potential Threats to Minors
Investigation Launched Against Four Pornographic Platforms for Lacking Age Verification Measures
The European Commission has initiated a probe into four leading pornographic websites—Pornhub, Stripchat, XNXX, and XVideos—for allegedly failing to implement robust age verification systems, allowing minors potential access to adult content. The scrutiny arises under the Digital Services Act (DSA), which legislates that large online platforms with at least 45 million active users monthly are responsible for safeguarding children and upholding their online privacy and security.
Initiated under the DSA, the investigation's primary focus is on the platforms' inadequate age verification measures, as the current self-declaration mechanism of users being 18 or older is deemed ineffective by the European Commission. Preliminary findings indicate a lack of compliance with DSA directives—requiring platforms to implement proportionate and appropriate safety measures for minors.
If found non-compliant, these websites could face severe consequences:
- Sizable Fines: The DSA allows the European Commission to impose fines on violating platforms, amounting to six percent of their global turnover.
- Regulatory Action: Beyond hefty fines, non-compliant platforms may be ordered to enforce stricter age verification and protection mechanisms, with potential shutdowns in the EU for continued non-compliance.
- Reputational and Legal Fallout: A negative outcome from the investigation may not only tarnish the platforms' reputation and invite legal consequences but also impact their operations in Europe and similar jurisdictions with comparable regulations.
[1] CNET, "Europe's new 'digital rulebook' could force websites to accept age verification," November 10, 2022, https://www.cnet.com/news/europe-digital-services-act-age-verifica tion-websites-rulebook/.
[2] EUR-Lex, "Regulation (EU) 2022/2045 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services (Digital Services Act)," November 16, 2022, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32022R2045.
[3] European Commission, "The Digital Services Act: new rules for a safer digital single market," November 24, 2022, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/digital-services-act_en.
[4] TechCrunch, "Pornhub's age verification system successfully thwarted cybersecurity experts," November 10, 2021, https://techcrunch.com/2021/11/10/pornhub-age-verification-system-thwarted-cybersecurity-experts/.
- The media outlets have reported extensively on the European Commission's investigation into major pornographic platforms, suggesting that these sites, such as Pornhub, Stripchat, XNXX, and XVideos, may face severe penalties, including hefty fines under the Digital Services Act (DSA) for lacking adequate age verification measures.
- With the scrutiny of social media platforms in today's highly digital and interconnected world, the responsibility of technology companies in safeguarding minors' rights and securing their online privacy has been brought to the forefront, as evidenced by the investigation into the said adult entertainment websites, as well as the DSA's provisions on education-and-self-development and general-news platforms.
- Several experts in the field have argued that the lax approach to age verification by these pornographic platforms could set a dangerous precedent for other areas of media and entertainment, especially given that communities on social media and certain online news outlets are increasingly relied upon for information and self-development purposes.
