October 15th is almost upon us, and that means that the new banking regulations will go into effect. But as the date approaches, many have found they are confused about what they mean and who is responsible for what. There is a ton of conflicting information being put out, and the FSC wants to help clarify some of this information for everyone who films adult content, including those who do it for platforms like FanCentro and OnlyFans.

The following information is provided to us by the Free Speech Coalition.

We have summarized the clarifications of the guidelines as we understand them. However, because banks have latitude in interpreting these guidelines, ‘Merchants’ (platforms), ‘Content Providers’ (creators or account holders), and other parties should contact their banking institution for more specific requirements.

Age and Consent Verification Rests with the Content Provider
The platform must validate the age and identity of the Content Provider, and must have the Content Provider confirm that they have the consent from all individuals included in the content.

However, many had assumed that a ‘Content Provider’ would also need to share documentation with the ‘Merchant’ for every person in every piece of content uploaded to the platform. That does not appear to be the case. The responsibility for verifying, maintaining, and holding that documentation rests with the Content Provider, not the platform.

The Merchant does need to have a process to “monitor and validate” that this documentation is being secured and held by the Content Provider. In other words, the platform needs to ensure creators are keeping these records, but it is not necessarily required to see this documentation by default.

Consent Documentation
Consent documentation must show that the person consents to be in the content, that they consent to have it distributed online, and, if downloadable, that there is consent to download. Content Providers should review previous model releases and documentation to ensure that all three requirements are met. Most current model releases should provide authority to meet all three requirements.

Streaming Content
In the case of a live broadcast, like a cam show or live fan show, a platform must be able to view the stream and stop it or block any content in real-time. However, when monitoring these broadcasts, automated tools and solutions are not only permissible but recommended.

Pre-Publication Moderation
All content must be reviewed prior to publication. However, the use of automated tools and solutions to moderate is encouraged.

Moderation Reports
Merchants must provide moderation reports to the bank on a monthly basis, but the specific requirements for those reports will be established by the banks. Those reports are to be made available to MasterCard upon request.

Flagging/Content Forms
MasterCard has not specified what types of information is required in a notice to remove or takedown content. Merchants should talk with their banks and legal counsel about what type of information is most useful.

Content Disputes
In the case of a content dispute, a Content Provider needs to be able to provide verifiable documentation of age and consent to the platform. If they can not provide these forms, or a person appearing in the content can demonstrate that the consent is legally void, the content must be taken down immediately. If the platform disagrees that the consent is not valid, it can go to a neutral arbitrator.

Officially founded in 1991, the Free Speech Coalition (FSC) is the trade association of the adult entertainment industry based in the United States. Its mission is to protect the rights and freedoms of both the workers and businesses in the adult industry. If you’d like to learn more about the FSC, you can visit them on the web at freespeechcoalition.com. 

• You can also follow the FSC on Twitter at @fscarmy.

I personally spoke with a representative from Mastercard recently who told me that when it comes to record-keeping, they have a two-fold system. First, they do manual checks on any content that is part of a complaint filed with a platform. She also told me they will do random spot checks as well. That even if nobody complains about your content, you could still be asked to provide validation for your content (ID’s, model releases, and production details).

All content produced after October 15, 2021, must also use the modified model release. This is the document that specifically states that the model is aware the content will be distributed online, on sites like FanCentro and OnyFans, or even on tube sites like Pornhub, and they are okay with it.

While current model release forms allude to this, Mastercard and Visa have said they want it very clearly spelled out, in plain and easily understood language that the model knows and understands the scene they are signing off on, will appear online.

The APAG Union will be providing a modified version of their model release sometime in the next few days that will be in compliance with the new Visa and Mastercard regulations.

Representatives from the APAG Union met directly with Mastercard executives to express their concerns over the upcoming banking regulation changes and heard some of the concerns, such as the issue with getting updated IDs from content that was produced years ago. MasterCard executives were very open to tweaking some of their rules as a result of this meeting, and that is why you now only have to have the updated model release for any content produced after October 15, 2021.

Do remember, however, that banks are notorious for changing things up at a moment’s notice, so always go out of your way to be extra careful with all of your paperwork.  Make sure you have your t’s crossed and your i’s dotted for every scene you do because they may be willing to listen today, but that doesn’t mean that won’t change tomorrow.

You can follow the APAG Union on Twitter at @apagunion.

Please note that we are not lawyers or legal experts, nor is the FSC.  Both the FSC and us here at Fleshbot do our best to provide information as it becomes available to us, please always consult a lawyer and/or your banking partner as to your specific situation before making any decision that may affect your business.