An Amsterdam court has ruled that xHamster must take down all sexually explicit videos featuring amateur individuals in the Netherlands. The only exception is if xHamster can provide proof that all individuals depicted in the videos have given their consent. This mandate applies to all videos, including those that appear to be candid or secretly recorded.

If these videos are made outside the Netherlands, and there’s no documentation of consent, they must be inaccessible within the Netherlands.

The decision doesn’t really surprise anyone. The rule has been that you can’t post videos without a model release and proof that the person in the video is over 18. This is a concept they only started complying with 2021.

Hammy Media the parent company of xHamster, argued that since 2021 (following tightened regulations by Mastercard and Visa), only professional producers and verified members could upload content.

After a video is uploaded, a moderation team checks the video for illegal content, before it’s posted to the public. Proof of identity and consent must be provided for all performers in the video, and checks are made to ensure the uploader is the same person as the performer.

xHamster has three weeks after the ruling to remove the videos or be subject to fines of around US$11,000 per video, which will increase by $550 per day if the video is still public, up to $33,000.

xHamster has yet to make an official comment on the ruling, nor is it clear how many videos in total will have to be removed from the platform.

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