FTC takes action against Pornhub and other pornographic sites

SALT LAKE CITY (ABC4) — The Federal Trade Commission (FTC) has taken action against Pornhub and other pornographic sites for a lack of transparency with users about efforts to stop child sexual abuse material (CSAM) and nonconsensual sexual content (NSC).

A press release from the FTC stated that a proposed order with Utah and the FTC requires operators of Pornhub (Aylo and its affiliated companies) to implement a system that prevents such content from being published on the website and pay a $5 million penalty to the state of Utah.

“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 Christopher Mufarrige,
director of the FTC’s Bureau of Consumer Protection. “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.”

FTC Commissioner, Melissa Holyoak, shared that the order aims to protect people from harmful media.

“This consent order is an important step in protecting people from some of the most harmful and exploitative material online,” said Utah Gov. Spencer J. Cox. “Companies that profit from such conduct must be held accountable. I’m grateful to the FTC and our Division of Consumer
Protection for their work to safeguard Utah’s children and families.”

The allegations against Aylo

According to the press release, Aylo operates more than 100 pornographic websites — including sites that allow users to upload their own content.

The FTC claimed that:

• Aylo allowed the dissemination of CSAM and NCM content on its sites.
• Aylo did not maintain paperwork required by federal law to verify the age and identity of individuals featured in some of the content posted on its sites.
• Aylo only decided to conduct audits of CSAM and NCM on its sites in 2020 when credit card processors threatened to impose fines or cut off access to their services and media started reporting on the issue.
• Aylo did not even review content flagged as CSAM and NCM until it received at least 16 flags.
• Aylo failed to block individuals who uploaded CSAM despite promises.

Required action

As a result, the press release stated that Aylo is being required to complete the following actions:

• Implement a program to prevent the publication or dissemination of CSAM and NCM content on its websites.
• Implement a system to verify that people who appear in videos or photos on its websites
  are adults and have provided consent to the sexual conduct, its production, and
  publication.
• Remove content uploaded prior to the implementation of the CSAM and NCM
  prevention program until Aylo verifies that the individuals participating in those videos
  were at least 18 at the time the content was created and consented to the sexual conduct
  and its production and publication.
• Post a notice on its website informing users about the FTC’s and Utah’s allegations and
  the requirements of the proposed order.
• Implement a comprehensive privacy and information security program to address the
  privacy and security issues detailed in the complaint

The FTC and Utah hosted a media availability at 10 a.m. on Wednesday, Sept. 3, with FTC Commissioner Melissa Holyoak, Utah Commerce Executive Director Margaret Busse, and Utah Attorney General Derek Brown.