EU Commission finds 4 adult websites in violation of DSA

The European Commission has published the preliminary findings from an in-depth investigation into Pornhub, Stripchat, XNXX, and XVideos, which were found to have violated the Digital Services Act (DSA) by failing to protect minors from pornographic content. According to the findings, all four adult-themed website operators did not identify or assess the risks posed to children and used inadequate methodologies that prioritised business concerns, such as reputational damage, over societal risks to minors. Furthermore, Stripchat, XVideos, and XNXX were found to have misrepresented or ignored consultations with civil society organisations about children's rights.

In terms of risk mitigation, the Commission found that current measures are ineffective. While the platforms' terms of service state that they are for adults only, all four allow access via a simple self-declaration process. Additional measures, such as page blurring and content warnings, were also deemed insufficient. The Commission notes that privacy-preserving age verification is required.

The platforms now have the opportunity to examine investigation files and reply in writing to the findings. If the DSA violations are confirmed following consultation with the European Board for Digital Services (EBDS), the Commission may issue non-compliance decisions.

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