The Federal Trade Commission and Utah ordered Pornhub to pay $5 million penalty to the state for allegedly "deceiving" users about its efforts to restrict child sex abuse material (CSAM) and non-consensual material (NCM) from its site, the FTC announced today.
In a press release, the FTC and Utah claimed that Pornhub and its parent company, Aylo (formerly MindGeek), didn't do enough to remove the illegal content from its website.
In December 2020, Pornhub banned downloads and unverified uploads in the aftermath of a New York Times op-ed about CSAM and NCM posted to the popular porn tube site. The complaint alleges, among other complaints, that Aylo didn't conduct audits of CSAM and NCM until that same year, when credit card processors threatened to cut off their services (some later did after the Times piece). According to internal documents from the company reviewed by the New York Times, Pornhub didn't remove content flagged by users until it reached 16 flags, and didn't ban individuals who uploaded illegal content.
The FTC and Utah also allege that Aylo didn't protect models' privacy and security. Anyone who now appears in a video uploaded to Pornhub must be verified, and to do so, you need to upload personal information like government IDs to a third-party vendor. The complaint claims that Aylo didn't disclose that this personal data would be obtained from the vendor and retained.
In addition to the fine, the FTC and Utah are requiring Aylo to implement a program to "prevent the publication or dissemination of CSAM and NCM content." Aylo is also required to remove content uploaded prior to this program until Aylo verifies performers' ages. Pornhub previously deleted all unverified videos after the Times op-ed in December 2020. Additionally, they're requiring Aylo to implement a system to verify those who appear in videos and provide consent; this system already exists.
Aylo must post a notice on Pornhub informing users about the complaint's allegations and implement a comprehensive privacy and security program.
"Pornhub's operators turned a blind eye to the proliferation of videos depicting the sexual abuse of children on its sites so it could profit off this exploitation," said director of the FTC's bureau of consumer protection, Christopher Mufarrige, in the press release. "Under the order we're announcing today, Pornhub's operators will be required to take concrete steps to block this harmful content and ensure that those who appear in videos on their sites are consenting adults."
According to 404 Media, the complaint against Pornhub focuses mostly on pre-2020 content. An Aylo representative reiterated this in a statement to Mashable, and said that it has taken "proactive measures to protect its users and platforms and to prevent the publication of illegal material on Aylo sites," including mandatory verification and proof of consent.
"The resolution reached involved enhancements to existing measures but did not introduce any new substantive requirements that were not either already in place or in progress. This settlement resolves the investigation and underscores Aylo's commitment to robust safety protocols that should be applied broadly across all websites publishing user generated content," Aylo stated.
"Aylo supports vigorous enforcement against CSAM and NCM, and encourages the FTC and Utah DCP [Division of Consumer Protection] to extend their initiative to protect the public across the broader internet, adult and mainstream, fostering a safer online environment for everyone. Throughout the investigation, Aylo worked to cooperatively resolve the concerns raised by the FTC and Utah DCP."
If you have experienced sexual abuse, call the free, confidential National Sexual Assault hotline at 1-800-656-HOPE (4673), or access help online 24/7 by visiting RAINN online.
