XNXX joins handful of adult sites subject to EU's strictest content moderation rules

Image Credits: Jason Trbovich (opens in a new window) / Flickr (opens in a new window) under a CC BY 2.0 (opens in a new window) license.

The European Union has designated adult content website XNXX as subject to the strictest level of content regulation under the bloc’s Digital Services Act (DSA) after it notified the bloc it had passed the usage threshold of more than 45 million regional average monthly users.

It’s the fourth porn site to be named a very large online platform (VLOP), after Pornhub, Stripchat and XVideos gained the status in December 2023.

The EU has signaled it wants the regime to force popular platforms hosting adult content to add age verification to prevent minors accessing inappropriate content. Although, so far, other adult content VLOPs appear to have responded to the designation by asking users to self-declare they are over 18 years of age — rather than implementing more robust forms of age verification.

Zooming out, there are approaching two dozen other VLOPs operating across different types of businesses, including e-commerce, social networking and internet search. All the designated platforms are required to abide by an extra set of obligations that aim to drive algorithmic accountability through transparency and also mandate risk assessments to reduce negative societal impacts.

“Such obligations include adopting specific measures to empower and protect users online, to prevent minors from accessing pornographic content online, including with age-verification tools, to provide access to publicly available data to researchers, and to publish a repository of ads,” the Commission wrote in a press release Wednesday announcing XNXX as the latest VLOP.

XNXX has four months to be compliant with the rules for VLOPs, so by mid-November, which is when the EU expects it to submit its first risk assessment report.

Requirements for VLOPs sit on top of the DSA’s general rules, which have applied to XNXX since mid-February. These cover governance issues such as providing users with accessible tools to report illegal content.

Any breaches of the Pan-EU rulebook can attract fines of up to 6% of global annual turnover.

The European Commission is the sole enforcer of the DSA rules for VLOPs, which amps up the regulatory risk for designated platforms as the EU takes on centralized enforcement versus the decentralized oversight of the general rules, which loops in various authorities at the member state level. Up to now, oversight on XNXX has been undertaken by the Czech Telecommunication Office.

The EU has a number of open investigations on VLOPs for suspected non-compliance, including probes of X (formerly Twitter), TikTok, AliExpress and Facebook and Instagram. But — so far — it has not confirmed any breaches or issued any fines.

The bloc’s enforcers have also been active in expanding designations for VLOPs, with the initial 19 named in April 2023 now numbering 25 in total. “This designation illustrates how the Commission continues to closely monitor market developments,” the EU added of XNXX joining the VLOP club.

EU names three porn sites subject to its strictest online content rules

XNXX joins handful of adult sites subject to EU's strictest content moderation rules

Image Credits: Jason Trbovich (opens in a new window) / Flickr (opens in a new window) under a CC BY 2.0 (opens in a new window) license.

The European Union has designated adult content website XNXX as subject to the strictest level of content regulation under the bloc’s Digital Services Act (DSA) after it notified the bloc it had passed the usage threshold of more than 45 million regional average monthly users.

It’s the fourth porn site to be named a very large online platform (VLOP), after Pornhub, Stripchat and XVideos gained the status in December 2023.

The EU has signaled it wants the regime to force popular platforms hosting adult content to add age verification to prevent minors accessing inappropriate content. Although, so far, other adult content VLOPs appear to have responded to the designation by asking users to self-declare they are over 18 years of age — rather than implementing more robust forms of age verification.

Zooming out, there are approaching two dozen other VLOPs operating across different types of businesses, including e-commerce, social networking and internet search. All the designated platforms are required to abide by an extra set of obligations that aim to drive algorithmic accountability through transparency and also mandate risk assessments to reduce negative societal impacts.

“Such obligations include adopting specific measures to empower and protect users online, to prevent minors from accessing pornographic content online, including with age-verification tools, to provide access to publicly available data to researchers, and to publish a repository of ads,” the Commission wrote in a press release Wednesday announcing XNXX as the latest VLOP.

XNXX has four months to be compliant with the rules for VLOPs, so by mid-November, which is when the EU expects it to submit its first risk assessment report.

Requirements for VLOPs sit on top of the DSA’s general rules, which have applied to XNXX since mid-February. These cover governance issues such as providing users with accessible tools to report illegal content.

Any breaches of the Pan-EU rulebook can attract fines of up to 6% of global annual turnover.

The European Commission is the sole enforcer of the DSA rules for VLOPs, which amps up the regulatory risk for designated platforms as the EU takes on centralized enforcement versus the decentralized oversight of the general rules, which loops in various authorities at the member state level. Up to now, oversight on XNXX has been undertaken by the Czech Telecommunication Office.

The EU has a number of open investigations on VLOPs for suspected non-compliance, including probes of X (formerly Twitter), TikTok, AliExpress and Facebook and Instagram. But — so far — it has not confirmed any breaches or issued any fines.

The bloc’s enforcers have also been active in expanding designations for VLOPs, with the initial 19 named in April 2023 now numbering 25 in total. “This designation illustrates how the Commission continues to closely monitor market developments,” the EU added of XNXX joining the VLOP club.

EU names three porn sites subject to its strictest online content rules

X is testing NSFW adult communities, according to screenshots

X icon on a smartphone screen

Image Credits: Matt Cardy / Contributor (opens in a new window) / Getty Images

X is living up to its name. The platform, formerly Twitter, is working on an addition to its Communities feature that would let X users create groups for X-rated material, according to app researchers.

Researcher Daniel Buchuk of Watchful, which analyzes app development and performance, spotted the feature in development. He shared screenshots with TechCrunch exclusively that show what X’s NSFW Communities could look like.

Image Credits: Watchful (opens in a new window)

An independent researcher, Nima Owji, also spotted the feature in development last month.

Twitter introduced its Communities feature in 2021. It allows users to post within smaller, interest-based subgroups, like a subreddit. When Elon Musk bought Twitter in 2022, he enacted sweeping changes to the app’s brand identity, verification systems and creator monetization efforts — but some features, like Communities, remained stagnant.

X also hasn’t taken much initiative in working with its sizable population of online sex workers, who turn to the platform — one of few that allows adult content — to promote their paid offerings from sites like OnlyFans.

“Twitter really is the primary advertising venue at this point for sex workers,” Dr. Olivia Snow, a dominatrix and researcher at UCLA’s Center for Critical Internet Inquiry, told TechCrunch last year. So, the platform’s more lenient policy on adult content is critical for online sex workers to grow their businesses.

X did not reply to a request for comment.

Adult creators are allowed to post explicit content on X, though they can’t monetize it on the platform. But if they can create their own fan communities, this feature could give creators a more direct way to reach their audience.

Even though X seems to be working on this NSFW Communities feature, that doesn’t mean it’ll come to fruition. Shortly after Musk took control of the platform, reverse engineers uncovered possible features that would allow creators to monetize paywalled videos or charge money for DMs. These mock-ups looked similar to features on OnlyFans, which could be a strategy for Musk to recoup his $44 billion investment: monetizing “X videos.”

But as it stands, X doesn’t seem poised to reverse its stance on adult content monetization. Even before Musk’s takeover, Twitter had been working on an OnlyFans competitor, but it was shelved because Twitter could not adequately detect non-consensual content and child sexual exploitation (CSE). But X says it’s mitigating that dire problem. According to X CEO Linda Yaccarino, in 2023 the platform suspended 12.4 million accounts for violating child sexual exploitation policies, up from 2.3 million accounts removed in 2022.

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