Introduction to the Case
Pornhub’s parent company has been fined a $5 million penalty and will submit to a decade of oversight to settle claims that it hosted videos of child sex abuse material (CSAM) and nonconsensual material (NCM) and failed to prevent the spread of the content.
The Federal Trade Commission said Wednesday that Pornhub and Aylo, formerly known as MindGeek and the operator of Pornhub and more than 100 other pornographic sites, misled users by claiming it had “zero tolerance” for abusive content while in fact allowing, and in some cases promoting, videos and playlists featuring CSAM.
Settlement Details
Under the settlement, Aylo must adopt a comprehensive compliance program, including systems to verify the ages and consent of people depicted in videos, technology to detect child sexual abuse material, the removal of unverifiable content and mandatory third-party reviews of its practices for the next 10 years. The company also must adopt a comprehensive privacy and data security program after regulators found it had mishandled Social Security numbers and IDs collected from performers.
Investigation and Allegations
The settlement comes after an investigation conducted by Utah’s attorney general in conjunction with the FTC. “Pornhub’s operators turned a blind eye to the proliferation of videos depicting the sexual abuse of children on its sites so it could profit off this exploitation,” Christopher Mufarrige, the director of the Bureau of Consumer Protection, said in an emailed statement. Utah’s attorney general and the FTC detailed the allegations in a complaint made in federal court that became available Wednesday. The complaint alleged that Pornhub failed to uphold guarantees that it would ban users who uploaded such content and conduct reviews of its content to make sure it did not contain CSAM.
Background and Scrutiny
The settlement is one of the most sweeping U.S. enforcement actions against one of the world’s largest adult entertainment companies. It follows years of scrutiny. Pornhub came under fire in 2020, when a New York Times investigation found that the site, which at the time allowed users to upload videos with little oversight, was riddled with videos of rape and child abuse. Credit card companies like Discover, Mastercard and Visa soon blocked payments to the site. At the time, Pornhub did not specifically deny the allegations but claimed that “the safety of our community is our top priority” and instituted policies like insisting new content is only uploaded by verified users.
Response from Aylo
In response to Wednesday’s complaint, Aylo did not deny the allegations, but said the previously instituted safety policies “place us among the safest platforms on the internet.” An Aylo spokesperson said in an emailed statement that the company has agreed to third-party compliance reviews for the next decade to ensure it is taking ample steps to remove illegal content, but that most of what the company agreed to has been in the works since it instituted an increased trust and safety program after the Times story. The Aylo spokesperson claimed in the email to NBC that “the FTC’s complaints all stem from 2020 or earlier.” However, an FTC spokesperson disputed that, saying that while some of the accusations in the agency’s complaint refer to conduct before 2020, other general allegations are ongoing and deliberately written in the present tense.
Recent Developments and Laws
In 2023, Utah passed a law requiring porn sites to verify the ages of users attempting to access content on their platforms, which helped to initiate a wave of similar state laws across the country. In response, Pornhub blocked people in Utah from accessing the website. An industry group challenge to the law was dismissed in court.
Conclusion
The fine and settlement imposed on Pornhub’s parent company mark a significant step in the effort to hold adult entertainment companies accountable for hosting and profiting from child sex abuse material and nonconsensual content. The requirement for a decade of oversight and the implementation of comprehensive compliance and privacy programs aim to ensure that such content is identified and removed, and that the company prioritizes the safety and consent of all individuals involved in its content.
FAQs
- Q: What is the nature of the fine imposed on Pornhub’s parent company?
A: The fine is $5 million, accompanied by a decade of oversight to settle claims related to hosting child sex abuse material and nonconsensual material. - Q: What changes must Aylo implement under the settlement?
A: Aylo must adopt systems to verify ages and consent, technology to detect child sexual abuse material, remove unverifiable content, and undergo mandatory third-party reviews for the next 10 years. - Q: What prompted the investigation and settlement?
A: The investigation was prompted by allegations that Pornhub allowed and promoted videos featuring child sex abuse material despite claiming a “zero tolerance” policy, following scrutiny and a New York Times investigation in 2020. - Q: How has Aylo responded to the allegations and settlement?
A: Aylo has agreed to the terms, stating that its previously instituted safety policies make it one of the safest platforms, and that most of the agreed-upon changes were already in the works. - Q: Are there any ongoing or recent legal developments related to this case?
A: Yes, Utah passed a law in 2023 requiring age verification for accessing porn sites, leading to similar laws in other states and a response from Pornhub to block access in Utah.
