Pornhub Appeals for User Privacy

Aylo, the parent company of Pornhub, is appealing to the Court of Justice of the European Union (CJEU) to avoid disclosing the real names of users in its advertising repository, as mandated by the Digital Services Act (DSA). The company argues that revealing the identities of advertisers, including sex workers and performers, poses a safety risk to its community. A spokesperson emphasized that protecting the privacy of these individuals is a priority, as their names would become publicly searchable. The DSA classifies platforms with over 45 million monthly users in the EU as very large online platforms (VLOPs), imposing specific transparency obligations. In response to Aylo's concerns, a European Commission spokesperson highlighted the importance of advertising transparency for consumer awareness. Critics, including independent lawyer Alessandro Polidoro, suggest that Aylo may be using safety concerns as a pretext to delay compliance with the DSA, noting that the majority of Pornhub's ad revenue does not come from individual performers. Aylo's appeal follows a similar attempt by Amazon to suspend its DSA obligations, which was rejected by the CJEU in March. Polidoro proposed that the court could allow the use of stage names in the ad repository, which would enable Pornhub to comply with the DSA while safeguarding the personal data of sex workers. The ongoing legal battle highlights the complexities surrounding the DSA's implementation for adult content platforms, with Aylo also contesting its classification as a VLOP based on user numbers.