The European Commission designated the pornography platform XNXX as a very large online platform (VLOP) under the content moderation regulation Digital Services Act (DSA) on Wednesday (10 July).
The Commission’s designation of the pornography website XNXX as a VLOP, is the fourth in the adult site industry, after Xvideos, Pornhub, and Stripchat, last December.
According to an article by the Financial Times in 2023, XNXX and Xvideos are owned by the same company, WGCZ Holding.
XNXX must now comply with the DSA’s strictest requirements by mid-November, or risk fines of up to 6%.
The EU’s DSA aims to create a safer digital environment by assigning responsibility to online actors, including how to deal with illegal content including dangerous goods and harmful content like hate speech.
The DSA considers platforms or search engines with over 45 million monthly users in the EU as VLOPSs or very large online search engines (VLOSEs).
They include social media networks Instagram and TikTok, search engines, such as Google Search and Bing, and retailers like AliExpress and Zalando.
The requirements include implementing user protection measures, preventing minors from accessing adult content by use of age verification tools, providing data access to researchers, and maintaining an ad repository.
The platform will also have to evaluate and mitigate systemic risks from its services, such as illegal content dissemination and negative impacts on users’ mental and physical well-being.
The first risk assessment report will be due in mid-November.
The Commission, in cooperation with the Czech Digital Services Coordinator, will oversee XNXX’s compliance with the DSA since XNXX’s reported parent company, WGCZ Holding, is located in Prague.
Euractiv could not contact XNXX for comment as the site’s press inquiry form did not work.
Since 17 February, when the DSA entered into force, all online platforms are required to follow the act’s general obligations, such as providing mechanisms to report illegal content, labelling advertisements clearly, and publishing annual transparency reports.
However, a VLOP designation brings additional obligations.
In March, Xvideos, Pornhub, and Stripchat announced that they are suing the EU over their new obligations.
Aylo, Pornhub’s owner, told Euractiv at the time that the Commission miscalculated its user numbers, and that it disagreed with the ad repository requirements.
In June, the Commission formally requested the three platforms for detailed information on their compliance with the DSA.
[Edited by Eliza Gkritsi/Alice Taylor]