The news this week that Aylo, the company that operates Pornhub and a variety of other popular adult websites, has agreed to a proposed $120 million settlement of class action lawsuits filed in California and Alabama, underlines the fact that when it comes to operating adult platforms, the risk of criminal prosecution is far from the only danger faced by the companies and individuals behind the platforms.
The class action lawsuits which gave rise to the reported settlement proposal are far from the only civil litigation Aylo/Pornhub have faced, of course. Over the years, under both its current and past ownership, Pornhub has been sued for alleged copyright violations, alleged privacy violations, targeted with FTC complaints and even sued by a deaf user for failing to provide closed captions on the site’s videos.
In addition to revealing some of the lesser appreciated risks of operating a platform for user-generated content (UGC), these lawsuits point to another sort of risk – the perils of becoming a high-profile adult business, regardless of one’s approach to the market.
There’s no question that, dating to the site’s days under Mansef (later Manwin, then MindGeek before coming under the Aylo umbrella), Pornhub’s business model has been a fraught one. In addition to the potential for criminal prosecution under American obscenity laws (and similar statutes in other countries) faced by any adult content producer, publisher or distributor, the fact that Pornhub operated as a free site that allowed users to upload content – and largely unregulated, unmoderated content in the site’s early days – opened the site to inevitable scrutiny.
There are hundreds, possibly thousands of other adult “tube” sites, though, relatively few of which have been targeted with any lawsuits at all, let alone actions that could lead to nine-figure settlements. One can’t help but wonder: why hasn’t there been more of the sort of litigation Pornhub currently faces?
Unfortunately, the better way to phrase the question above might be “Why hasn’t there been more of this litigation yet?”
A big part of the reason Pornhub has been targeted for so much litigation is the site’s profile. The Pornhub brand is as much of a household name these days as Playboy ever was at its peak. Given the boost in global profile the internet age has bestowed on the adult industry, Pornhub’s mindshare likely exceeds that of the venerable Playboy brand, even.
Due to the brand’s profile and name recognition, you don’t have to be an industry insider to understand the company behind it has deep pockets – and deep pockets make for an attractive target for litigation. True, deep pockets also mean a company has ample resources to sustain a fight in court. But if you’re a litigator who believes his client has compelling facts in hand that back up their claims, it’s far preferable to sue a company you know can satisfy a potentially large judgment than to target some small, fly-by-night operation that might be easy to beat in court, but quite difficult to collect damages from, once the court has ruled.
My strong hunch is, even though these actions have been settled instead of fully adjudicated, similar litigation is coming to other adult platforms – particularly those seen to be flaunting state age verification laws, which have become far more attractive targets in the wake of the Supreme Court’s ruling in Free Speech Coalition v. Paxton.
Adult platforms, regardless of whether they allow user-generated content or strictly publish content produced by the platform’s operators, need to step up their vigilance when it comes to complying with the laws and regulations that inform these lawsuits.
For better or worse, the “Wild West” days of the adult internet sector are over. If you’re looking for proof of that assertion, just ask Pornhub; reportedly they can give you 120 million reasons why you should believe it.
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