This week brought a momentous step forward in the fight against Pornhub and its parent company Aylo (formerly MindGeek).
After facing several lawsuits brought by courageous survivors of sex trafficking and child sexual abuse … After losing nearly all their major corporate partnerships including Visa and Mastercard, Instagram and Youtube … After being the subject of countless scathing media pieces … After a viral petition with more than 2 million signatures … Pornhub has FINALLY announced that it will be [kind of] verifying the age and consent of all individuals depicted in videos.
We celebrate this victory for survivors, whose resilience and bravery have been unmatched as they brought lawsuits and global attention to this kingpin of exploitation. At the same time, we urge caution. The loopholes in Pornhub’s new verification measures are abundant, and the policy change does not go far enough in removing and preventing sexual abuse.
The Loopholes in AYLO/Pornhub’s Verification Policy
While a positive step forward, there are major problems with Pornhub’s mediocre new age & consent verification policy. We must not allow this smoke and mirrors to slow down efforts to move them to meaningful change.
Firstly, the verification requirement only applies to videos uploaded from January 24, 2024 onward. Pornhub will NOT be removing unverified videos that were uploaded prior to this date. What this means is that the site is likely still infested with videos of rape, sex trafficking, child sexual abuse, and other forms of image-based sexual abuse, which Pornhub is choosing to continue profiting from.
Secondly, the verification measures required under the new policy are alarmingly weak. Pornhub only requires an ID and signed consent form for co-performers. Without a combination of automated tools and rigorous human moderation, these documents will be easily forged and/or coercively obtained by sex traffickers and abusers. We cannot allow ourselves to be beguiled by these initial measures. They do not constitute meaningful consent or effective age verification.
The assurance of a consent form, bereft of any tangible protective measures, not only fails to discourage those bent on profiting from abuse but also irresponsibly delegates the responsibility of consent to sexual exploiters, who are fundamentally untrustworthy. It only cements Pornhub’s partnership with those who revel in the degradation and exploitation of others.
In its current form, Pornhub’s new policy continues to abdicate the responsibility of safeguarding against the upload of non-consensual sexual content and child pornography. The system will easily be exploited by sex traffickers, voyeurs, child sexual abusers, and jilted ex-boyfriends, and Pornhub knows this.
For Pornhub’s new policy to be effective, it must require meaningful consent with documented risks and harms provided to the performer, pre-authorization and consent to sex acts, right of withdrawal of consent even after the footage is uploaded online, banning any video where the ID and face of all people depicted are confirmed as matching, and more. And these pornography sites can’t be allowed to outsource this responsibility to the uploaders. These are the kinds of measures NCOSE has always insisted on when we’ve called for meaningful consent and age verification.
Pornhub’s Policy Change Only Comes After Severe Pressure
As per usual, Pornhub is using its new policy change as a PR stunt, painting itself as a good, ethical company that has safety as its “highest priority”. Forgive our skepticism … But if safety is truly Pornhub’s highest priority, why are they only enacting watered down verification measures after years of relentless legal and public backlash that has severely damaged their business?
Let’s review some of the pressures Pornhub has faced leading up to this change:
- Pornhub is the subject of 12 lawsuits in the U.S. and Canada
- The U.S. federal government charged Pornhub with knowingly profiting from sex trafficking; Pornhub admitted to the crime
- All major credit card companies and payment processors cut ties with Pornhub. The only payment form left available to them was cryptocurrency.
- Nearly all mainstream corporations stopped serving as advertising or distribution partners for Pornhub. This includes Roku, Comcast, Kraft-Heinz, Unilever, TikTok, and Instagram.
- Countless mainstream media outlets, such as the New York Times and the BBC, published scathing exposés on Pornhub’s abuses
- Pornhub’s parent company laid off 70% of its employees, and the CEO and COO resigned
- Exodus Cry led a public petition campaign calling for Pornhub to be shut down, which garnered over 2 million signatures.
And so much more…
Don’t be fooled. Pornhub is the farthest thing from a “good, ethical” company. They cannot be trusted, and we must continue to keep them under pressure and scrutiny, to ensure that their PR hype about age and consent verification turns into real, meaningful protection.
Pornhub Must Still Face Consequences for Years of Abuse
Finally, it must be emphasized that Pornhub’s new policy does NOT absolve the company of responsibility for all its former crimes. They still must face consequences. And they will, as lawsuits continue to move through the courts!
The NCOSE Law Center is currently serving as co-counsel in two lawsuits against Pornhub. Both have taken major steps forwards, with Pornhub’s motion to dismiss being denied and the class action case being certified.
Please help us ensure that Pornhub is held fully accountable for its crimes!
