Pornhub May Avoid Certain AV Rules Under U.K. Online Safety Act

LONDON—The parent company of Pornhub.com, the Montreal-based Aylo, is unlikely to face any initial age verification requirements as mandated under the Online Safety Act adopted by the United Kingdom's Parliament, according to the agency responsible for enforcing the sweeping law. Ofcom told AVN that Aylo's flagship web property doesn't fall under certain regulatory guidance it promulgated from the mandate of the controversial law. "Aylo is the service provider of multiple services, which may be caught by different parts of the act," said Brittany Taylor-Kirk, media manager for Ofcom, in an email. She said that Pornhub operates as a video streaming platform similar to YouTube and falls under a regulatory segment called "part 3." Part 3 imposes "duties of care" on social media platforms and search engines to proactively manage harmful content, especially to protect children, which relies on required age-appropriate design codes. "Whereas premium paysites, where the content is published by the service provider, are likely to be caught by 'part 5,'" said Taylor-Kirk. Part 5 regulations specifically apply to premium membership websites, like other Aylo-owned properties. These include Brazzers, Men.com and Digital Playground, among others. She added, "Our final guidance on highly effective age assurance is due for publication in January 2025. We expect Government to commence the ‘Part 5’ duties that require online pornography services to implement highly effective age assurance at around the same time." A spokesperson for Aylo commented, "We are monitoring developments and will always ensure our sites are compliant." The spokesperson added that they were confused as to why any news outlet would split hairs on Aylo's commitment to trust and safety, as well as compliance with the Online Safety Act. For example, what prompted this inquiry by AVN is a report covering this topic by The Telegraph from last week, a London-based newspaper that is regarded as a part of the conservative-leaning "Tory soul." The Telegraph has previously criticized Pornhub and other adult industry companies. Ofcom additionally posted a position statement on its website on November 29, clarifying part 3 versus part 5 regulatory levies under the Online Services Act. Ofcom clarifies:  Sites which allow user-generated pornographic content (Part 3 services) must carry out assessments to confirm whether under-18s are able to access content on their platforms according to our children’s access assessments guidance which will be published in January. Unless they are already using highly effective age assurance to prevent children from accessing pornography, we expect them to be caught by all the child safety duties – including age assurance requirements – which will be published in April 2025. In previous submissions to Ofcom, the Age Verification Providers Association (AVPA), led by Iain Corby, said that Pornhub and platforms classified as "video-sharing services" that are used to distribute age-restricted content should be regulated under part 5 despite the classification differences. “We believe they should be clearly within scope for part 5," the AVPA said previously via coverage of the matter by The Telegraph. For several years, AVPA member companies, such as Yoti and Incode, have been at odds with adult companies. This is because the AVPA will directly capitalize on an artificially designed marketplace, as age verification laws are entering force in the United Kingdom and throughout much of the United States, among other jurisdictions.