DSA: Three pornography sites join EU digital rulebook’s ‘systemic risk’ list

Three pornography websites will have to abide by strict EU rules after being included on the Digital Services Act’s (DSA) very large online platforms list, the EU Commission announced on Wednesday (20 December).

Pornography websites XVideos, Pornhub, and Stripchat will be included on the DSA list of very large online platforms (VLOPs), the European Commission announced on Wednesday, joining 19 other platforms.

The designation “will allow for higher scrutiny and accountability of their algorithms and processes”, said executive vice-president in charge of competition Margrethe Vestager.

The DSA aims to create a safer digital environment by clarifying the assignment of responsibility for actors operating online, including how to deal with illegal content online, like selling or purchasing dangerous goods, and harmful but legal content, like hate speech.

According to its rules, online platforms used by more than 10% of the EU’s population monthly, that is 45 million users per month, entail a ‘systemic risk’ for society; hence they must follow a specific regime of content moderation, including transparency and risk management obligations.

Porn websites Pornhub and xHamster both declared 33 million monthly users in February, while XVideos admitted that their platform was visited every month by more than 160 million EU-based users.

The first list

In February, all platforms operating in the EU had to declare to the European Commission its average number of monthly users. Based on the data provided, the EU executive announced the first batch of 19 VLOPs and very large search engines (VLOSEs) in April.

This list included social media like Instagram and TikTok, search engines like Google Search and Bing, and retailers like AliExpress and Zalando. The designated companies had to abide by the rules by the end of August. There were no pornography websites on the initial list.

NGOs urge EU Commission to include porn websites in the 'systemic risk' club

Several civil society organisations have urged the European Commission to designate major porn websites as “very large online platforms” that have to follow a strict regime under the Digital Services Act (DSA), according to a letter seen by Euractiv.

New additions

As Euractiv reported in October, several civil society organisations had urged the European Commission to also designate major pornographic websites as VLOPs. They pointed out that the platforms stated they did not meet the threshold, “despite being very likely” to have more than 45 million monthly users in the EU.

“I have been very clear that creating a safer online environment for our children is an enforcement priority under the DSA,” said European Commissioner for Internal Market Thierry Breton about the current decision of adding pornography sites to the list.

“The DSA demonstrates once again that it is an essential tool to ensure that technology respects the fundamental rights of European citizens,” added Vestager.

“Pornhub, Stripchat & XVideos have a huge responsibility. As VLOPs under the DSA they must fight illegal content e.g. child sexual abuse or deepfake porn and protect children e.g. with age-verification,” Vestager also wrote in a post on X.

Euractiv reached out to the porn platforms in question for comments. XVideos’ contact form did not seem to work, while Stripchat did not provide an answer by the time of publication.

Pornhub referred to a link on the website which says: “As of July 31, 2023, Pornhub has 33 million average monthly recipients of the service in the European Union, calculated as an average over the period of the past six months.”

When asked about this, Commission Spokesperson Johannes Bahrke told Euractiv: “The designation is the result of Commission investigations concluding that the three services fulfil the threshold of 45 million average monthly users in the EU.”

“We can use additional sources and expertise, i.a. from the JRC [the Commission’s Joint Research Centre], to establish user numbers of an online platform – beyond what that platform might or might not have published,” he added.

Commission investigating X for alleged violations of EU content moderation rules

The European Commission opened formal infringement proceedings against X, formerly known as Twitter, on Monday (18 December) over alleged breaches of the Digital Services Act.

“This is a great success for our newly-formed coalition of digital rights advocates, gender-based violence survivors, sex workers’ rights defenders and sex-tech builders,” Alessandro Polidoro, the independent lawyer who coordinated the advocacy campaign and the open letter in October, told Euractiv.

He believes that the coalition “received a reply that acknowledged the urgency of our concerns”. Polidoro also added they “are confident that our holistic and multi-stakeholder approach will foster positive change in this industry, which is clearly set to undergo considerable change in the near future”.

Timeline

Breton noted that the Commission “will continue to designate platforms that meet the thresholds and make sure that they comply with their obligations under the DSA”.

The deadline for member states to designate the Digital Services Coordinators, which will have a supervision and enforcement role, shared with the Commission, is 17 February 2024. Italy and Hungary already appointed their coordinators.

Théophane Hartmann contributed to the reporting.

[Edited by Nathalie Weatherald]

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