Digital Services Act: Much stricter regulations for the porn platform XNXX

From the fall, the strictest requirements under the Digital Services Act will also apply to XNXX. The erotic portal must therefore reduce risks for all users.

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Man looking at pornographic thumbnails on a computer screen in a darkened room.

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2 min. read
This article was originally published in German and has been automatically translated.

The EU Commission classifies the pornography provider XNXX as a very large online platform (VLOP) within the meaning of the Digital Services Act (DSA). This means that special due diligence obligations apply. VLOPs are services that reach an average of more than ten percent of the EU population, or more than 45 million citizens in the member states. XNXX has provided figures that are above this threshold, says the Commission. This means that the porn provider must comply with the strictest provisions of the DSA from mid-November at the latest; otherwise it could face fines of up to six percent of its global annual turnover.

Operators of very large platforms must carry out risk assessments and minimize identified threats to democracy, public safety, fundamental rights and the protection of minors, for example. For XNXX, this specifically means preventing minors from accessing pornographic online content, for example with age verification tools. VLOPs should also share their data and information on algorithms with authorities, researchers and civil society organizations so that they can review their working methods and contribute to a situation report. The publication of an advertising archive is also necessary.

The Commission has so far designated a total of 25 platforms as VLOPs. These include Pornhub, Stripchat and Xvideos, three other adult portals. In March, the trio announced legal action against the new obligations. Pornhub owner Aylo justified this by arguing that the Commission had miscalculated the user numbers; Aylo does not want to have to operate the ad archive in particular.

In June, the EU Commission nevertheless requested additional information from the three sex platforms on the protection of minors and action against illegal content. According to the Financial Times, XNXX and Xvideos have the same owner, Prague-based WGCZ Holding. Since February 17, all online platforms have had to comply with the general DSA regulations, including user-friendly mechanisms for reporting illegal content, clear labeling of advertising and annual transparency reports.

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