opinion

Visa Unveils New Regulations for Content Providers

Visa Unveils New Regulations for Content Providers

While many of us were winding down summer vacations in August, Visa quietly released its updated guidelines that address user-uploaded content. Processors like us just received the update in October. The good news is: the regulations are very similar to Mastercard regulation AN 5195, Revised Standards for New Specialty Merchant Registration Requirements for Adult Content Merchants, which went into effect back in October 2021.

If you’re compliant with this Mastercard regulation, you should be in good shape to also comply with the Visa changes. As we head into the last month of the year, we wanted to further explain what these guidelines mean, what policies you should have in place and how it impacts merchants in our industry.

Remember, for any type of user-uploaded or livestream merchants, acquirers are always asking for supporting policies and documented procedures

Always Collect Consent

The new Visa regulation, Visa Rule ID 0003356, is part of the Global Brand Protection Program Guide for Acquirers. It focuses on merchants who allow third-party users to upload or generate content. This includes real-time or livestreaming content produced and shared on social media sites, tube sites, cam sites, adult dating sites and voyeur programs. When it comes to user-uploaded content, the new Visa regulation states there must be consent in writing and it needs to include several things.

First, the merchant must enter into a written agreement with the content provider and the agreement must state that the content does not have any activity that is illegal. Content providers are required to maintain records from all persons depicted in their content and confirm that there was consent given to be depicted. Proof is also needed that consent was given to allow public distribution of the content, including uploading it to the merchant’s website. Consent is also needed to allow downloading capabilities if they are available.

Second, merchants must only allow content uploads from verified content providers. This includes the review and validation of government-issued identification. Visa recommends the use of a third-party provider that specializes in the validation of government identification. All content must be reviewed prior to publication to ensure that it complies with all applicable laws and Visa rules. Lastly, if the content is livestreamed, the merchant must have controls in place to manage the content. This includes monitoring the content and removing any content that does not comply with applicable laws and Visa rules. If there is one takeaway here, it is “Always get and document written consent!”

What and How You Market Matters

The new Visa regulations also impact all adult merchants when it comes to marketing. They prohibit merchants from allowing content search terms or otherwise marketing website contents to give the impression that a site contains child exploitation materials or the depiction of nonconsensual activities. Merchants must support a compliant process that allows for reporting potentially illegal content or content that violates Visa rules.

If there is an issue, such as illegal or brand-damaging material, merchants must immediately remove the material and review and resolve all complaints within seven days. And they can’t just remove the material without talking to the person who uploaded the content or appeared in it. Anyone depicted in a video or content needs to have the ability to appeal any decision regarding the removal of the content based on lack of consent. If consent cannot be proven, the content must be taken down immediately. If there is a disagreement over consent, then at the expense of the merchant the disagreement needs to be resolved by a neutral third party.

Merchants must stay diligent. Monthly reports are required. These reports should include a list of flagged potentially illegal or other questionable content in violation of Visa rules as well as what relevant actions were taken that are required. Merchants must also have policies in place prohibiting the use of their websites to promote human trafficking, sex trafficking or abuse. We highly recommend that merchants participate in an anti-trafficking organization to help with these issues.

Develop Your Own Policies

Not everything is spelled out in the new Visa regulations so it’s important that each merchant develops its own set of content compliance policies when it comes to reporting, resolving and appealing questionable content. Many of our acquirers are requesting policies as part of their onboarding process. These procedures need to be detailed and clearly explain how the processes are carried out. It’s important to have the right mindset when writing these. Develop them like you were creating a training document for new hires who will be carrying out the ID verification and content review.

Make sure to build solid content management policies and procedures that include, but are not limited to, age and identity verification, content review, uploading and downloading content, real-time platform monitoring, marketing, monitoring and identifying trafficking or abuse or anything else that is illegal or violates standards. Create a sample copy of a written agreement for a third-party or content provider. Have a tough chargeback and fraud mitigation policy in place along with a clear return and refund policy.

These content and compliance regulations are not anything new but if you carefully follow them, you will keep your business running smoothly. Remember, for any type of user-uploaded or livestream merchants, acquirers are always asking for supporting policies and documented procedures. These are in addition to the policies they have in place for maintaining compliance with Mastercard and Visa rules. You’re likely already following content guidelines but going that extra step will lessen the chances that you will be flagged and asked to explain questionable actions by others.

Cathy Beardsley is president and CEO of Segpay, a merchant services provider offering a wide range of custom financial solutions including payment facilitator, direct merchant accounts and secure gateway services. Under her direction, Segpay has become one of four companies approved by Visa to operate as a high-risk internet payment services provider. Segpay offers secure turnkey solutions to accept online payments, with a guarantee that funds are kept safe and protected with its proprietary Fraud Mitigation System and customer service and support. For any questions or help, contact sales@segpay.com or compliance@segpay.com.

Related:  

Copyright © 2025 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 Articles

opinion

From Compliance to Confidence: The Future of Safety in Adult Platforms

In numerous countries and U.S. states, laws now require platforms to prevent minors from accessing age-inappropriate material. But the need for safeguarding doesn’t end with age verification. Today’s online landscape also places adult companies at uniquely high risk for inadvertently facilitating exploitation, abuse or reputational harm, or of being accused of doing so.

Andy Lulham ·
opinion

What Adult Businesses Need to Know About Florida's Age Verification Law

The rise and proliferation of age verification laws has changed the landscape for the online adult industry. A recent and compelling example is the state of Florida, where Attorney General James Uthmeier has filed multiple complaints against major platforms as well as affiliates accused of violating the state’s AV law.

Corey D. Silverstein ·
opinion

Maintaining Brand Trust in the Face of Negative Press

Over the last year, several of our merchants have found themselves caught up in litigation over compliance with state age verification laws. Recently, Segpay itself was pulled into the spotlight, facing scrutiny over Florida’s AV statute, HB 3. These stories inevitably get picked up by both industry and mainstream news outlets.

Cathy Beardsley ·
opinion

How to Switch Payment Processors Without Disrupting Business

For many merchants, the idea of switching payment processors can feel pretty overwhelming. That’s understandable. After all, downtime can stall sales, recurring subscriptions can suddenly fail, or compliance gaps can put accounts at risk. Operating in a high-risk sector like the adult industry can further amplify the stress of transition.

Jonathan Corona ·
profile

WIA Profile: Katie

Katie is the ultimate girl’s girl. As community manager at Chaturbate, she answers DMs, remembers names, and shows up for creators and fellow businesswomen when it counts. She’s quick to credit the people around her, and careful to make space for others in every room she enters.

Women in Adult ·
opinion

How to Stay Legally Protected When Policies Get Outdated

The adult industry has long operated in a complex legal environment subject to rapid change. Now, a confluence of age verification laws, lawsuits, credit card processing and data privacy rules has created an urgent need for all industry participants — from major platforms to independent creators — to review and potentially overhaul their legal and operational policies.

Corey D. Silverstein ·
opinion

From Compliance Chaos to Crypto Clarity: Making the Case for Digital Payments in Adult

These are uncertain times for adult merchants. With compliance tightening and age verification mandates rising, the barrier to entry keeps getting higher.

Cathy Beardsley ·
opinion

Real-Time Insights to Streamline E-Payments and Stop Lost Sales

A slow checkout process is more than just annoying — it’s expensive. In a high-risk sector like the adult industry, even small delays or declined transactions can cost businesses thousands in lost revenue every month.

Jonathan Corona ·
profile

FSC's Valentine Leads Charge for Sex Worker Rights and Financial Access

Before ever stepping into a courtroom, Valentine already understood the power of presence. After all, they’ve shimmied on stages as a burlesque performer, consulted behind the scenes for creative businesses and moved through the adult industry not just as an advocate, but as a participant.

Jackie Backman ·
opinion

Breaking Down HB 805 and How it Affects the Adult Industry

North Carolina House Bill 805 was enacted July 29, after the state legislature overrode Governor Josh Stein’s veto. The provisions that relate to the adult industry, imposing requirements for age verification, consent and content removal, are scheduled to become effective Dec. 1. Platforms have until then to update their policies and systems to comply with the new regulations.

Corey D. Silverstein ·
Show More