Aylo, the parent company of Pornhub, has taken its fight against the European Union’s Digital Services Act (DSA) to the Court of Justice of the European Union (CJEU) in an effort to protect porn star’s legal names.

The crux of the dispute centers on the requirement for Pornhub to disclose the natural names of its advertisers, a mandate that Aylo argues jeopardizes the safety and privacy of its community, which includes adult performers.

Aylo’s appeal specifically requests relief from disclosing the real names of those who advertise on Pornhub. A company spokesperson emphasized the potential risks, stating, “Disclosing the natural names of advertisers, including sex workers and performers, makes their names publicly available and searchable, posing significant safety concerns.” This move comes as Aylo seeks to protect its community from potential harm.

The appeal follows a previous rejection by the lower-instance General Court on July 4, which denied Aylo’s bid for an injunction to delay publishing advertiser details. The court reasoned that postponing this requirement could disrupt the EU’s digital legislation goals and alter the competitive landscape, outweighing the potential financial damage to Pornhub.

Aylo is also challenging the European Commission’s designation of Pornhub as a Very Large Online Platform (VLOP) under the DSA, a law aimed at moderating online content. Platforms or search engines with over 45 million monthly users in the EU are classified as VLOPs or very large online search engines (VLOSEs) and must adhere to specific transparency obligations.

The DSA mandates that Pornhub publicly disclose a database of all its advertisers, including details about the ads and how they are targeted. This requirement aims to enhance advertising transparency, allowing consumers and businesses to know who is advertising, the criteria used, and the duration of the ads.

Pornhub is not alone in its resistance. Other companies, including Amazon and Zalando, have similarly appealed their VLOP designation. Amazon, for instance, attempted to suspend its obligation to make its ads repository publicly available, but the CJEU decided against the company on March 27.

Aylo argues that the disclosure of natural names could severely damage advertising strategies and partnerships. The spokesperson reiterated that while the company has disclosed its ad repository, the concern lies in the consequent exposure of personal data, the very same concern that the adult industry has been warning when it comes to age verification. Data leaks are common. Who hasn’t had their information hacked?

Critics of Aylo’s stance, such as Alessandro Polidoro of the Digital Intimacy Coalition, believe the company is using the safety argument as a pretext to delay DSA application. Polidoro suggests that natural persons should be allowed to use stage names or pseudonyms in legal documents, thus complying with the DSA while protecting personal data.

The DSA’s implementation has sparked legal challenges across various sectors. In March, a coalition including Pornhub’s parent company and the American Civil Liberties Union (ACLU) brought a case to the US Supreme Court concerning age verification laws. These legal battles highlight the ongoing tension between regulatory compliance and privacy concerns.

As Aylo’s appeal progresses, the outcome could set a precedent for how digital platforms balance transparency with user privacy. The case underscores the complexities of regulating online content and the implications for user safety and privacy in the digital age. As the European Commission continues to enforce the DSA, platforms like Pornhub must navigate these regulatory challenges while protecting their communities.

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