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Photo: ETHAN MILLER / AFP

The porn platforms Pornhub and Xvideos are suing the European Commission over stricter regulations imposed by Brussels to combat illegal content.

The two companies deny that they are considered "very large online platforms" under the Digital Services Act (DSA), which are subject to the broader obligations.

Initially, “Politico,” among others, reported.

Circles familiar with the lawsuit confirmed the incident to SPIEGEL.

The two porn platforms have asked the relevant court to suspend the new regulations.

According to consistent media reports, the Stripchat platform has also filed a lawsuit.

However, it is still unclear which EU law exactly the company wants to challenge.

Among other things, DSA is intended to ensure that platforms remove illegal content on their sites more quickly than in the past.

At the same time, it should be made easier for users to report such content.

In general, large services have to follow more rules than smaller ones.

Offers with at least 45 million active monthly users in the EU are considered “very large” services.

In the Commission's view, they pose a particularly great risk to society.

In December 2023, Pornhub, Stripchat and XVideos were obliged by the EU to carry out independent risk assessments, for example on how to deal with illegal content.

These include the risk of gender-based violence and the protection of minors and their mental health.

The reports should then be examined by the EU Commission.

In addition, according to the DSA, companies will in future be prohibited from personalizing advertising based on certain sensitive data such as sexual orientation, political views and religious affiliation.

Personal data from children and young people may no longer be collected for advertising purposes.

Companies that do not adhere to the rules face penalties of up to six percent of their global annual turnover.

According to Brussels, the Digital Services Act is particularly about ensuring safety for minors.

Among other things, the companies are supposed to prevent children and young people from having access to pornographic content, for example through age verification systems.

The EU Commission also sees the classification of the three services as a way to take action against depictions of sexual violence and so-called child pornography on the Internet, as the platforms must meet a high standard of content moderation.

When the DSA came into force, Pornhub reported that an average of only 33 million people in the EU used the platform.

It is therefore too small to fall under the law.

However, according to the EU Commission's calculations, all three newly added platforms reach the minimum number of 45 million users.

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