At the heart of Pornhub’s challenge lies the disagreement with the European Commission’s calculation of its user numbers and the contention that the requirement for an advertising repository to be publicly accessible is illegal. According to Aylo, the designation came as a surprise, as they believe their published figures significantly underestimate their actual user base.
Under the provisions of the DSA, platforms are subject to more stringent rules if they have at least 45 million monthly active users in the European Union, or 10 percent of the bloc’s population. With 32 million monthly active users in Europe as of January, Pornhub falls below this threshold. Nonetheless, the EU’s decision has thrust them into the spotlight of heightened scrutiny and regulatory obligations.
The implications of this challenge extend beyond the confines of the adult entertainment industry. As one of the 22 platforms identified by Brussels, including tech giants like Facebook, Instagram, TikTok, and X (formerly Twitter), Pornhub’s case sets a precedent for how online platforms engage with EU regulations. Moreover, online retailers Amazon and Zalando, also named in the list, have initiated legal challenges against their designations, indicating a broader trend of pushback against regulatory oversight.
Central to the DSA is the requirement for designated platforms to create a library of advertisements published on their websites, fostering transparency and accountability in online advertising practices. However, Pornhub seeks to suspend its advertising-related obligations pending the court’s decision, citing discrepancies in the application of the law.
The outcome of Pornhub’s challenge carries significant implications for the digital landscape in Europe. Should the court rule in favor of the adult entertainment giant, it could signal a reevaluation of how platform size and regulatory compliance are assessed. Conversely, a decision upholding the EU’s designation would reinforce the authority of regulatory bodies in overseeing online platforms, setting a precedent for compliance across the digital spectrum.In the era of evolving digital regulations and heightened scrutiny of online platforms, the Pornhub case underscores the complexities and challenges inherent in balancing innovation, freedom of expression, and regulatory oversight. As stakeholders await the court’s decision, the outcome of this legal battle will shape the future landscape of digital governance in Europe and beyond.