The Digital Services Law will treat three large porn pages as social networks, which represents a drastic change for regular users who visit these pages.
The Digital Services Law was implemented on August 25, 2023, being intended to regulate the behavior and obligations of big technology companies. But not only companies like Meta or Google have to comply with the obligations of the new regulations, porn pages have been included within the regulations and its effects completely change the way they are categorized.
The traffic accumulated by Pornhub, Stripchat and XVideos has led the European Parliament to consider them VLPO o Very Large Online Platform, this being the term used by the Digital Services Law for any type of platform that accumulate more than 45 million users on average within the framework of the European Union.
Pornhub, XVideos and Stripchat under the spotlight of the European Union
The Digital Markets Law establishes a series of obligations for online intermediation services, which are graded according to their size, impact and risk. These obligations range from transparency and accountability, to prevention and the removal of illegal or harmful content.
Pornhub, XVideos and Stripchat will now have to face all these new regulations. Of course, the European Union has only considered these three porn sites as VLPOs. This new category comes to transform them, with the category being information hosting services, that is, store and disseminate content uploaded by users or providers.
When entering this category, a series of guidelines have been established to follow and comply with:
- Establish an alert mechanism so that Users can notify the existence of illegal content or that violate their rights, such as child pornography, sexual violence, harassment or the non-consensual dissemination of intimate images.
- Remove or deactivate access to illegal content diligently once they become aware of its existence, whether through a notification from a user, a competent authority or their own means.
- Inform users of the reasons why access to content has been removed or disabledas well as the available avenues of appeal, both internal and external.
- Cooperate with competent authorities and provide them with the information necessary for the investigation and prosecution of crimes committed through their services.
- Take measures to prevent illegal content from reappearing on your servicessuch as using automatic detection tools or blocking accounts or IP addresses.
- Protect users’ personal data and respect their privacyfollowing the rules established by the General Data Protection Regulation (GDPR).
- Be transparent about policies and the procedures they apply to moderate the content, as well as the use of automated tools or algorithms that may influence the presentation or order of the content.
What rights and guarantees will a user of a porn site have according to the DSA?
The DSA or Digital Services Law also seeks to protect the rights and interests of users of digital servicesin particular the right to freedom of expression and information, the right to non-discrimination and the right to an effective remedy.
These are some of the rights and guarantees that a user of a porn site will have according to the DSA:
- Right to receive clear and understandable information about the conditions of use of the serviceas well as content moderation policies and procedures.
- Right to express oneself freely and access the information one wishesprovided that it is not illegal or harmful, and not be subject to arbitrary or unjustified censorship by the service provider.
- Right to challenge the service provider’s decision to remove or deactivate access to content that you have uploaded or accessed, either through an internal review mechanism or through an independent external entity.
- Right to receive compensation for damages that has suffered as a consequence of the action or omission of the service provider, provided that its responsibility is proven.
- Right to file a complaint with the competent authorities or before alternative dispute resolution bodies if you consider that the service provider has breached the DSA or your fundamental rights.
The DSA represents an important change in the regulation of digital services in the European Union, which will affect both providers and users of these services. In the case of porn pages, They will have to adapt to stricter and more demanding standardswhich seek to ensure a safer and more responsible online environment.
For users of these pages, the DSA also implies some changes, which can be positive or negative depending on the point of view. On the one hand, will have more protection against illegal or harmful content, as well as more transparency and more avenues for recourse. On the other hand, Your access to some content or services may be limited.or having to provide more personal data to access them.
In any case, the DSA is not a static law, but will adapt to the evolution of digital services and the needs of users. Therefore, it is important to be informed and participate in the debate about how to regulate the online environment, which increasingly has an impact on our daily lives.
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