The
European Union
’s
Digital Services Act
(DSA) that has been not-so-good news for the biggest technology giants including
Google and Facebook
parent Meta has now come to haunt
adult content websites
Pornhub, Stripchat and XVideos. The websites have been added to a list of platforms subject to the strictest level of regulation under the European Union’s DSA.
In April this year, the EU announced an initial list of 17 so-called very large online platforms (VLOPs) and two very large online search engines (VLOSE) designated under the DSA. That first list did not include any adult content sites. With the addition of these three platforms, this changes.
What is the big change
Currently, none of the three websites require visitors to undergo a hard age check (i.e. age verification) prior to accessing content. However, this could be set to change in the region as a result of the three being designated as VLOPs. The three websites have four months to bring their services into compliance with the additional DSA requirements — meaning that they have time till late April to make any necessary changes.
Why this change
The designation is the result of European Commission's investigations concluding that the three services fulfill the threshold of 45 million average monthly users in the EU. The Commission, which is responsible for overseeing VLOPs’ compliance with the DSA, also reiterated today that creating a safer online environment for children is an enforcement priority.
Other DSA obligations on VLOPs include documenting and analysing any “specific systemic risks” their services may pose with regard to the dissemination of illegal content and content threatening fundamental rights — with an obligation to produce risk assessments reports which, initially, must be shared with the Commission and later have to be made public. “These measures can include adapting their terms and conditions, interfaces, moderation processes, or algorithms, among others,” the Commission notes. “The Commission services will carefully monitor the compliance with the DSA obligations by these platforms, especially concerning the measures to protect minors from harmful content and to address the dissemination of illegal content,” the EU said, adding: “The Commission services are ready to closely engage with the newly designated platforms to ensure these are properly addressed,” it added.