New EU Rules for 'Very Large' Platforms Raise Concerns for Adult Sector

New EU Rules for 'Very Large' Platforms Raise Concerns for Adult Sector

BRUSSELS — The European Commission yesterday officially identified 19 major platforms and search engines to be targeted for compliance under the controversial Digital Services Act (DSA).

As XBIZ reported, the DSA has been widely criticized over privacy concerns as the EC attempts to tackle the issue of “illegal and harmful” content, including CSAM. Language in the DSA about having to “mitigate risk” concerning “gender-based violence online and the protection of minors online and their mental health” has raised the concerns of legal experts and digital rights activists.

The European Commission — which serves as the executive branch of the European Union — has justified the plan by contending that “the current system based on voluntary detection and reporting by companies has proven to be insufficient to adequately protect children.”

Under the new rules, “very large” providers such as those designated by yesterday’s announcement will be required to “assess and mitigate the risk of misuse of their services and the measures taken must be proportionate to that risk and subject to robust conditions and safeguards.”

Targeting 'Very Large' Platforms and Search Engines

Yesterday’s decision officially designated 17 “very large online platforms” (VLOPs) and two “very large online search engines” (VLOSEs), each of which, according to the EC, reaches at least 45 million monthly active users. 

The VLOPs are: Alibaba AliExpress, Amazon Store, Apple AppStore, Booking.com, Facebook, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, Wikipedia, YouTube and German retailer Zalando.

The two VLOSEs are Bing and Google Search.

Following their designation, an EC statement explained, these companies “will now have to comply, within four months, with the full set of new obligations under the DSA.”

Those new obligations, the EC declared, “aim at empowering and protecting users online, including minors, by requiring the designated services to assess and mitigate their systemic risks and to provide robust content moderation tools.”

Under the subheading “Strong protection of minors,” the EC listed the following directives:

  • Platforms will have to redesign their systems to ensure a high level of privacy, security, and safety of minors;
  • Targeted advertising based on profiling towards children is no longer permitted;
  • Special risk assessments including for negative effects on mental health will have to be provided to the Commission four months after designation and made public at the latest a year later;
  • Platforms will have to redesign their services, including their interfaces, recommender systems, terms and conditions, to mitigate these risks.”

The risk mitigation plans of designated platforms and search engines, the EC noted, “will be subject to an independent audit and oversight by the Commission.”

Industry Attorneys Monitoring Developments

According to industry attorney Corey Silverstein of Silverstein Legal, the impact of the new designations and consequent obligations “could be substantial because many of the platforms that have been designated as VLOPs and VLOSEs are frequently utilized by the adult entertainment industry.”

Assuming these platforms decide to comply with the DSA, Silverstein told XBIZ, there may be major changes coming to what these platforms allow on their services within the EU.

“This could end up leading to major content moderation and outright blocking of adult content in the EU, including the blocking of websites that display adult entertainment from being listed in search results,” Silverstein warned. “Unfortunately, there is no definitive answer as to how these platforms will react but the industry will need to closely monitor this development.”

Free speech law expert Lawrence Walters, of the Walters Law Group, told XBIZ that the impact of the new designations on adult content creators “will depend on how the platforms and search engines implement the DSA requirements related to safety and security of minors, reporting of allegedly illegal content, recommendation systems and advertising procedures.”

The new European requirements, Walters added, are likely to cause “increased friction between adult content creator accounts and these large platforms and search engines.”

Walters advised keeping an eye on the results of the first required annual risk assessment by the designated service providers, as that will provide insight into how those providers are responding to the new compliance obligations — and the impact on free expression.

Walters also noted that as the larger adult platforms continue to grow, some may pass the EC’s benchmark of having 45 million monthly active users, and therefore “face the potential for future designation under the DSA, which could have more direct impact on their users and creators.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More