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EU Designates XNXX as Very Large Online Platform Under DSA

EU Designates XNXX as Very Large Online Platform Under DSA
Technology · 2024
Photo · Kai Lindgren for European Pulse
By Kai Lindgren Technology Editor Jul 10, 2024 3 min read

The European Commission has designated adult content platform XNXX as a Very Large Online Platform (VLOP) under the Digital Services Act (DSA), effective 10 July. This classification applies to platforms with over 45 million monthly active users in the European Union, triggering the strictest tier of regulatory oversight.

XNXX, whose EU headquarters are based in Czechia, now faces a four-month compliance deadline, until November, to adhere to the DSA's most demanding requirements. These include robust measures to protect minors, mechanisms to swiftly remove illegal content, and comprehensive risk assessments to mitigate harms stemming from its services.

Broader Crackdown on Adult Content Platforms

This designation follows the Commission's December decision to classify three other adult platforms—Pornhub, Stripchat, and XVideos—as VLOPs. Those companies have appealed their designations, and the cases remain pending before the European courts. In June, the Commission sent formal requests for information to these three platforms, demanding details on their efforts to combat illegal content amplification, gender-based violence, and the effectiveness of their age assurance systems.

The move underscores Brussels' determination to regulate an industry long characterized by minimal oversight. Concerns have mounted over inadequate age verification, the proliferation of child sexual abuse material, and the rise of AI-generated non-consensual intimate imagery, often termed revenge porn.

Since 17 February, all online platforms, including XNXX, have been required to comply with the DSA's general obligations, such as providing user-friendly reporting tools for illegal content and clearly labeling advertisements. The VLOP designation, however, imposes far more rigorous duties, including independent audits, transparency reporting, and crisis response protocols.

The Commission's approach reflects a broader European push to hold digital platforms accountable, particularly those with significant reach and potential for harm. The DSA, which entered into force in November 2022, applies to all intermediary services but reserves its most stringent rules for VLOPs and Very Large Online Search Engines.

For XNXX, the path to compliance involves not only technical adjustments but also organizational changes to ensure continuous monitoring and risk mitigation. The platform must also cooperate with national digital services coordinators and the European Board for Digital Services.

This regulatory tightening occurs against a backdrop of increasing public and political pressure to protect vulnerable users online. The UK, while no longer an EU member, has also moved to strengthen online safety, with Prime Minister Starmer recently announcing a social media ban for under-16s. Such measures highlight a growing consensus across Europe on the need for stricter digital governance.

The Commission's actions signal that no sector, including adult content, will escape the DSA's reach. As the legal challenges from Pornhub, Stripchat, and XVideos unfold, the outcome will set important precedents for how the EU enforces its digital rulebook.

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