Commission designates adult content platform XNXX as Very Large Online Platform under the Digital Services Act

This article is brought to you in association with the European Commission.

Today, the Commission has formally designated XNXX as aVery Large Online Platform (VLOP) under the Digital Services Act (DSA).

XNXX is an adult content platform with an average of more than 45 million monthly users in the European Union. This user number, which XNXX has communicated to the Commission, is above the DSA threshold for designation as a VLOP. Following today’s designation as a VLOP, XNXX will have to comply with the most stringent rules under the DSA within four months of its notification (i.e. by mid-November 2024). Such obligations include adopting specific measures to empower and protect users online, to prevent minors from accessing pornographic content online, including with age-verification tools, to provide access to publicly available data to researchers, and to publish a repository of ads.

XNXX must also duly assess and mitigate any systemic risks stemming from their services, such as risks related to the dissemination of illegal content, or the negative effects on mental and physical well-being of the user. The designated platform must submit the first risk assessment report by mid-November 2024.

Since 17 February 2024, all online platforms, including XNXX, already have to comply with the general obligations under the DSA, such as, providing user-friendly mechanisms to report illegal content, clearly label advertisements on their services, and publish annual transparency reports.

Next Steps

Following its designation as a VLOP, the Commission will be competent to supervise XNXX’s compliance with the DSA in cooperation with the Czech Digital Services Coordinator.

Background

This designation illustrates how the Commission continues to closely monitor market developments.

The Commission had previously designated three other adult content platforms, Pornhub, Stripchat and XVideos, in December 2023. Today’s designation brings the total designated VLOPSEs under the DSA to 25.

In its supervisory and enforcement role, the Commission monitors VLOPs’ compliance with the Digital Services Act, and it can ask platforms for more details on how they are complying, for example, by sending them requests for information. On 13 June 2024, the Commission sent requests for information to Pornhub, Stripchat and Xvideos, asking  the platforms to provide more detailed information on the measures they have taken against the amplification of illegal content and gender-based violence, as well as on age assurance mechanism they have adopted.

The supervision and enforcement of the DSA is shared between the Commission and Digital Services Coordinators, who had to be designated by Member States by 17 February 2024.