Online platforms should be held liable for child porn uploads, non-consensual content: Ethics Committee “Pornhub report”

Editor’s note: This article contains descriptions of sexual assault. The onus to protect individuals depicted in child sexual abuse material (CSAM) and non-consensual content “should lie with platforms hosting that content,” according to the findings of the House of Commons committee studying online protection and privacy in relation to pornography. On Thursday the Access to Information, Privacy and Ethics committee tabled its report, titled Protection of Privacy and Reputation on Platforms such as Pornhub, to the house. The committee, through its recommendations, proposes that the government “explore” means to hold online platforms liable for failure to prevent the upload, or timely removal, of CSAM and non-consensual content (defined in the study as content produced or uploaded without the knowledge or consent of all persons depicted, and content depicting non-consensual sexual activity). “The committee is deeply concerned that online platforms such as Pornhub have failed to protect the privacy and reputation of individuals depicted in content uploaded without their knowledge or consent. It finds it disheartening that these companies have not taken sufficient measures to prevent the (re)upload or timely removal of CSAM and non-consensual content,” it wrote in its report. The study was launched in Dec. 2020 after an opinion article from the New York Times reported that videos of underaged people could be found on platforms like Pornhub, which is controlled by MindGeek, a company with an office in Montreal. The committee heard from 40 witnesses and received 50 briefs, including testimony from law enforcement officers, survivors of sexual assault, academics, and advocacy groups, over the course of seven meetings. The committee recommends that the government require uploaders of content to provide proof of valid consent for all individuals depicted in a video and to implement penalties “severe enough” to act as a deterrent. “Three witnesses told the committee that their then-partners shared intimate pictures and/or videos of them on Pornhub without their knowledge or permission,” the report reads. “Witness 1, who testified anonymously, discovered that her then-husband had uploaded photos he had taken of her to Pornhub and other pornography sites. She later learned that a video had been uploaded that depicted her asleep, possibly under the influence of sleeping pills.” It also suggests “clear” regulations that require Internet Service Providers (ISPs) to “utilize a robust process” for age verification of all individuals appearing in a pornographic video regardless if it is individually made or developed through a studio and that content hosting platforms must affirm that individual are 18 or older before they upload content. “At age 14, Serena Fleites’ then-boyfriend pressured her to send him an intimate video, which he shared with peers and was uploaded to Pornhub,” the committee wrote in its report. “Witness 2, who testified anonymously, discovered that pictures and videos of her at age 15 were on Pornhub and other platforms, having been uploaded by an unknown man who extorted her and other girls.” The committee heard testimony that international cooperation is necessary as MindGeek is headquartered in Luxembourg and MindGeek Europe owns the intellectual property of all products and platforms, including Pornhub. “MindGeek’s Canadian subsidiary, based in Montreal, supplies services to the European entities,” the report notes. However, none of its recommendations specifically outline what to do to enhance international cooperation when regulating adult websites. The committee noted that there are already some measures in place in Canadian law to protect individuals from online sexual exploitation. The Criminal Code prohibits the distribution of child pornography and the distribution of sexual/intimate images if a person had “a reasonable expectation of privacy.” The Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, passed in 2011, requires ISPs to report IP addresses or URLs where online child pornography may be available to the Canadian Centre for Child Protection (C3P). Furthermore, if the ISP has reasonable grounds to believe its services are being used to commit an offence, it must report it to the police. Finally, individuals can also be protected under the Personal Information and Electronic Documents Act (PIPEDA), which the Office of the Privacy Commissioner is using to investigate whether Pornhub and MindGeek have breached the privacy rights of citizens. However, the committee stated in its recommendations that more should be done by the RCMP and other law enforcement officers to ensure compliance with the various acts in place, specifically the 2011 act involving ISPs’ obligations to report harmful content. The committee, throughout its study, heard from survivors and advocacy groups noting that implementing too many regulations may force sexual content onto the dark web. Experts have also questioned the effectiveness of an online harms regulator, which advocates said can negatively impact the safety and wellbeing of sex workers. As a result, one of the report’s 10 recommendations is that the government should consult with survivors and sex workers, along with child advocacy centres, victim support agencies, law enforcement, and web platforms prior to enacting any legislation. The committee also made an informal recommendation in its concluding remarks that the House of Commons and Senate establish guidelines to help committees “better navigate” meetings that involve survivors and to “ensure that appropriate resources and support” are made available to those individuals, if required. -- Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Hannah Daley at hdaley@thewirereport.ca

Online platforms should be held liable for child porn uploads, non-consensual content: Ethics Committee “Pornhub report”

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Online platforms should be held liable for child porn uploads, non-consensual content: Ethics Committee “Pornhub report”

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