Pornography websites file lawsuit against EU over Digital Services Act obligations

Pornhub, XVideos, and Stripchat have filed a lawsuit against the European Union over new regulations under the Digital Services Act.
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Three pornography websites, XVideos, Pornhub, and Stripchat have filed a lawsuit against the European Union (EU) over their new obligations under the EU’s Digital Services Act (DSA), according to Euractiv.

In December, the platforms in question were added to the DSA’s list of very large online platforms (VLOPs). Alessandro Polidoro, an independent lawyer coordinating the Coalition of NGOs that advocated for the VLOP designation of porn websites, criticised the tech giants for prioritising profits over safety. Aylo (formerly MindGeek), the parent company of the porn websites, is challenging the VLOP designation on two grounds: disputed user numbers and the requirement for public accessibility of a VLOP’s advertising repository.

This legal dispute is not the first of its kind, as Amazon and Zalando have previously challenged their designation on the EU’s systemic risk list. However, the European Commission defends the designation, emphasising that it will contribute to a safer online environment and is prepared to defend its position in court.

The DSA aims to establish a safer digital environment by addressing illegal and harmful content online, such as hate speech and the sale of dangerous goods. It requires online platforms with more than 10% of the EU population, approximately 45 million users, to comply with specific content moderation rules, including transparency and risk management obligations.