One of the world’s leading adult websites, Pornhub, is contesting the recently introduced regulations by the European Union (EU) known as the Digital Services Act (DSA).
The DSA imposes stringent requirements, including age verification, on Very Large Online Platforms (VLOPs), a classification that Pornhub disputes. The company argues that the European Commission miscalculated its user numbers, leading to the incorrect designation.
On March 1, Pornhub’s owner, the Canada-based Aylo, filed a challenge at the EU’s General Court in Luxembourg. Another adult site’s parent company, Technius (owner of Stripchat), and WebGroup Czech Republic (operator of XVideos) have also lodged similar cases.
To qualify as a VLOP, a platform must be visited by over 45 million Europeans on average each month, a threshold that the EU asserts Pornhub meets.
“We believe the European Commission erred in its calculation of our user numbers,” stated Aylo in defense of its challenge. As of January 31, 2024, Pornhub claims to have had 32 million monthly active users, seeking to annul its VLOP status through the filed application.
The DSA aims to enhance online protections for EU citizens, introducing measures for more diligent content moderation by VLOPs. Obligations include taking down illegal content, such as non-consensual videos, and maintaining a publicly accessible database of advertisements, a requirement Aylo deems “illegal.”
VLOPs are expected to provide detailed plans by April 20 on how they intend to mitigate major risks, such as violence against women and the protection of minors. Violating the new law could result in fines of up to 6% of a company’s global turnover.
The deadline for website owners to contest the decisions was until this month, leading to legal clashes with major adult platforms.
Aside from the DSA, the European tech industry is grappling with additional challenges, such as the implementation of the Digital Markets Act (DMA). As of Thursday, six major firms labeled “gatekeepers” by the EU, including Apple, face new responsibilities under the DMA. Apple has already sparked controversy by preventing Fortnite-maker Epic Games from launching its own online marketplace on iPhones and iPads in Europe. The DMA’s objective is to foster more competition in big tech app stores, prompting the EU to scrutinize Apple’s decision.
