Pornhub Challenges EU's Data Over 'Very Large Online Platform' Classification

Pornhub Challenges EU's Data Over 'Very Large Online Platform' Classification

BRUSSELS — The European Commission, the EU’s executive body, has designated adult platforms Pornhub, Stripchat and XVideos as “very large online platforms” (VLOPs) and therefore subject to special regulations under the controversial Digital Services Act (DSA).

The DSA classifies platforms that reach at least 45 million average monthly active EU users as VLOPs. In an official announcement posted Wednesday, the Commission stated that its investigation had determined that the three adult sites meet that threshold.

Pornhub questioned the data the Commission used to justify the measure.

“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,” a Pornhub spokesperson told the New York Post.

As XBIZ reported, in October a group of European NGOs co-signed a letter penned by Italian digital rights attorney and activist Alessandro Polidoro, urging the Commission to investigate the self-reported data of the top adult sites and to reclassify them as VLOPs.

The Commission initially excluded adult sites from its April decision designating 19 high-profile platforms and search engines as VLOPs.

In addition to abiding by the DSA’s general provisions, within four months of their designation as VLOPs, Pornhub, XVideos and Stripchat “will also have to adopt specific measures to empower and protect users online, including minors, and duly assess and mitigate any systemic risks stemming from their services,” the Commission’s announcement explained.

Online platforms and search engines have until Feb. 17 to comply with all DSA obligations, both general and specific to the VLOP category.

DSA Obligations May Lead to Chilling Free Speech

General DSA obligations include providing “user-friendly mechanisms to allow users or entities to notify illegal content; statements of reasons to users when their content is restricted or removed; an internal complaint-handling system for users to appeal content moderation decisions” and “prioritizing the treatment of notices submitted by so-called ‘trusted flaggers.’”

Most controversially, the DSA compels sites to “promptly inform law enforcement authorities if they become aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, including in the case of child sexual abuse.”

As digital rights activists have pointed out, the obligation to become informants for law enforcement creates such vague liability for platforms and sites that it will most likely lead to a chilling of free speech, as they would overcensor due to fear of litigation or state intervention.

The EU does not have blanket free speech protections such as those offered in the U.S. by the First Amendment, or anything resembling Section 230 protections for user-generated content.

Specific Obligations for VLOPs

The additional, specific obligations for VLOPs include a mandate to conduct risk assessment and enact mitigation measures “to address risks linked to the dissemination of illegal content online, such as child sexual abuse material, and content affecting fundamental rights, such as the right to human dignity and private life in case of non-consensual sharing of intimate material online or deepfake pornography. These measures can include adapting their terms and conditions, interfaces, moderation processes, or algorithms, among others.”

VLOPs, the Commission’s statement continues, must design their services “to address and prevent risks to the well-being of children” and must “protect the rights of the child, and prevent minors from accessing pornographic content online, including with age verification tools.”

Copyright © 2026 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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

Show More