A formal review has been opened into the biggest online porn platforms, which are accused of violating the EU’s Digital Services Act and falling below requirements to protect minors from accessing adult content.
Online platforms of all sizes will have to play their part in adhering to age verification measures designed to safeguard children who could stumble across these sites on the web.
The EU Commission will coordinate their actions with national regulators of the European Board for Digital Services to ensure a level playing field.
Pornography sites such as Pornhub, Atriochat, XVideos and XNXX are being fully investigated to decide if appropriate sanctions are needed, however, no prejudgement on the outcome should be made prior to the opening of EU proceedings.
Across the Atlantic, the dialogue on online safety also questions the infringement of adult rights to share and access consensual sexual content.
A Supreme Court ruling is expected to be returned in June on the Free Speech Coalition case, challenging age verification laws which could go “too far” to restrict freedom of expression.
Further investigations could be launched into copyright-infringing content, the handling of non-consensual intimate imagery (NCII), and child sexual abuse material.
Pornhub, the 19th top visited site on the internet, has blocked access to users without verification across 16 US states that passed verification laws.
Pornhub and recently Instagram have indicated they consider the responsibility for verification to fall on users themselves or app stores like Google or Apple.
These platforms were designated as very large online platforms under the Digital Services Act of 2023.
“Our priority is to protect minors and allow them to navigate safely online,” said Henna Virkkunen, the EU Commission’s vice-president for tech sovereignty, security and democracy.
Alessandro Polidoro, Legal Officer at the EU Commission commented that, “real protection for minors demands safeguards built directly into the platform and accountability from every actor involved”.
