The European Commission has officially designated the controversial tube site XNXX.com as a ‘Very Large Online Platform’ (VLOP) under the Digital Services Act (DSA). This designation places XNXX among the highest-regulated digital entities in the European Union, subjecting it to stringent rules aimed at protecting users and ensuring transparency.

XNXX, which boasts an average of over 45 million monthly users in the EU, surpasses the DSA threshold for VLOP classification. This designation follows similar classifications of other adult content platforms such as Pornhub, Stripchat, and XVideos in December 2023. The move underscores the Commission’s commitment to monitoring and regulating significant online platforms to mitigate risks and protect users, especially minors.

Under the DSA, XNXX must implement several measures to comply with the new regulations by mid-November 2024. These measures include:

• User Empowerment and Protection: XNXX must adopt specific tools to empower and protect users online. This includes implementing robust age-verification mechanisms to prevent minors from accessing pornographic content.
• Data Access for Researchers: The platform is required to provide access to publicly available data to researchers, facilitating transparency and accountability.
• Advertising Transparency: XNXX must publish a repository of advertisements to ensure transparency in its ad practices.
• Risk Assessment and Mitigation: XNXX is obligated to assess and mitigate systemic risks associated with its services, such as the dissemination of illegal content and the potential negative impacts on users’ mental and physical well-being. The first risk assessment report is due by mid-November 2024.

In a formal statement, the European Commission highlighted the importance of this designation. “XNXX is an adult content platform with an average of more than 45 million monthly users in the European Union. This user number, which XNXX has communicated to the Commission, is above the DSA threshold for designation as a VLOP,” the statement read.

The Commission also emphasized the responsibilities that come with this designation. “XNXX must also duly assess and mitigate any systemic risks stemming from their services, such as risks related to the dissemination of illegal content or the negative effects on the mental and physical well-being of the user,” the statement continued.

Since February 17, 2024, all online platforms, including XNXX, have been required to comply with general obligations under the DSA. These include providing user-friendly mechanisms to report illegal content, clearly labeling advertisements, and publishing annual transparency reports. The VLOP designation adds additional layers of compliance specific to platforms with significant user bases.

The Commission will oversee XNXX’s compliance with the DSA in cooperation with the Czech Digital Services Coordinator. This supervisory and enforcement role allows the Commission to request detailed information on compliance measures and take action if necessary.

The Commission’s designation of XNXX follows similar actions taken against other adult content platforms. Pornhub, Stripchat, and XVideos were designated as VLOPs in December 2023. In response, the parent companies of these platforms filed lawsuits against the European Union in March, challenging their VLOP classification under the DSA. These cases are currently pending at the European General Court.