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OnlyFans Updates Their TOS … What Changed?

LEGAL NEWS

Many content creators logged into their OnlyFans account yesterday to find a prompt asking them to agree to their newly updated Terms of Service. Only what OnlyFans didn’t do is explain what was new or what has changed.

But not to worry, I did some digging and found out. I compared their TOS page to one they had published on November 11th (thank you Archive.org) and did a side-by-side comparison.

While most of the changes are minor and deal with one or two small word changes here and there, the big thing that change has to do with advertising on the OnlyFans platform.

First, they define a section that has to do with advertisements and promotions. They make it clear that they don’t want you promoting any sort of illegal gambling, drugs, and if the ad is aimed at minors, you can’t promote alcoholic drinks either. This has more to do with banking regulations.

But next comes something that is a big deal to many content creators who do share for shares or buy promo. Let me show you what I mean …

Let’s say I buy promo from you – meaning I pay you $25 to promote my OnlyFans page @Kelli. In the past you could post a video on your timeline (like you see below).

Now on your timeline (in the past) you might have said something like

❤️5 to 10 full-on hardcore videos on timeline every week
😈🔞 Join @kelli
😘👍🏻✅ 25-100 naughty photos posted every day
📸 Hundreds of explicit videos
🎥 41,000+ explicit photos
😈 Random FREEBIES – Join @kelli
🔥 Blowjobs, Anal, Threesomes, Facials, and More!

That’s an actual promo I’ve used before. The problem is, now you can’t just say that. Somewhere in the body of your post you must include the hashtag #ad.

This isn’t OnlyFans being annoying. It’s actually a FCC regulation. The FCC is short for Federal Communications Commission. They are a US government organization that regulates communication and yes social media falls under that. Generally speaking, the rule is as follows ….

When a broadcast station transmits any matter for which money, service, or other valuable consideration is paid or promised to, or charged or accepted by such station, federal law and FCC rules require the broadcaster to announce, at the time of the broadcast, that such matter is sponsored, paid for, or furnished and the identification of the sponsor.

The rule applies to bloggers, social media influencers, and yes – adult content creators. If I pay you to promote my OnlyFans page, you have to disclose that it is an #ad.

Now here’s where it gets tricky.

What about share for shares?

This is where I’ll promote you for free to my followers if you promote me to your followers. Do you still have to do the #ad? Well, as it turns out, yes you do. Because the trade is of “valuable consideration”. In other words, you get something for it, and in this case, the value isn’t cash, but the value of that promotion.

I should clarify I’m not a lawyer, so don’t take anything I say as legal advice. If you want to learn more about the FCC regulations for ads you can visit the FCC website here.


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