DSA: Three pornographic websites added to list of “very large platforms”

On December 20, 2023, the European Commission added three pornographic websites (Pornhub, Stripchat and XVideos) to its list of “very large platforms”, as part of the Digital Services Act (DSA). The European regulation intends to make cyberspace safer, through a stricter control of digital platforms, particularly ones with over 45 million users in the EU.

The DSA will apply to all online services on February 17, 2024, but it already came into effect for 19 “very large platforms” in August 2023. At the time, Pornhub, Stripchat and XVideos maintained they had fewer than 45 million European users, and the regulation therefore did not apply to them. After investigating, the Commission showed they had lied, and gave them until April 2024 to comply with the DSA.

The three platforms will therefore have to “take specific measures to protect online users, including minors, and accurately assess and mitigate any systemic risk arising from their services,” explained the Commission. Due to the nature of their industry, Brussels made two specific requirements.

The first is strengthening their age verification process, to ensure minors do not have access to their services. The second is to more effectively combat deepfakes and the “nonconsensual sharing of intimate content online”, i.e. revenge porn. Specifically, the three platforms will have to facilitate the reporting and removal of illegal content.