The Commission is requesting the companies to provide more detailed information on the measures they have taken to diligently assess and mitigate risks related to the protection of minors online, as well as the to prevent the amplification of illegal content and gender-based violence. Among others the Commission is requiring details on age assurance mechanisms adopted by these pornographic platforms.
The Commission is also requesting detailed information on the internal organisation of the companies to ensure compliance with the DSA. The DSA indeed requires designated very large online platforms to equip themselves with independent and well-resourced internal teams with sufficient authority and resources, as well as access to the management body. Under the DSA, compliance officers must ensure that all systemic risks outlined in the regulation are identified and properly reported on.
Pornhub, Stripchat and Xvideos must provide the requested information by 4 July 2024. Pursuant to Article 74 (2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information. In case of failure to reply, the Commission may decide to request the information by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.
Following their designation as Very Large Online Platforms, Pornhub, Stripchat and Xvideos are required to comply with the full set of provisions introduced by the DSA, including the assessment and mitigation of risks related to the dissemination of illegal and harmful content, any negative effects on the exercise of fundamental rights and on the protection of minors. These three pornographic platforms have submitted their first risk assessment report at the end of April 2024 – four months after their designation.
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