this post was submitted on 29 Feb 2024

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Pornhub owner broke law by not getting ‘valid’ consent for content: watchdog (globalnews.ca)

submitted 8 months ago by [email protected] to c/[email protected]

6 comments fedilink hide all child comments

The privacy commissioner's final report on its years-long investigation into Aylo, formerly known as MindGeek, found "significant" issues with the way the company obtains consent.

all 8 comments

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[–] [email protected] 51 points 8 months ago* (last edited 8 months ago) (3 children)

Pretty wild the standards we want to hold PornHub to, but somehow turn a blind eye on Twitter and Reddit. PornHub should get your ID and do a whole background check on you to be extra sure, but we'd be outraged if Twitter or Reddit asked for your ID because free speech.

And now we have federated porn which makes everything even harder to control.

[–] [email protected] 3 points 8 months ago

User generated content has a presumption of consent: It is PRESUMED that the user who is uploading the work work likely created it - and it is reasonable to presume those involved in said work gave consent or otherwise the user had rights to use the content in this way. When you DO NOT have rights to the work, that is when DMCA take downs come into play, and other legal actions - and in that case, you can expect financial penalties, account suspensions/bans, and so on.

There are some serious problems in Canadian law. This situation doesn't come even close to one of them.

[+] [email protected] -3 points 8 months ago* (last edited 2 weeks ago) (2 children)

[removed by mod]

[–] [email protected] 1 points 8 months ago

Pornhub already does more to combat that than most sites. They removed all unverified content back in 2020. To post anything now you have to verify who you are first and join their model program.

[–] [email protected] 7 points 8 months ago (1 children)

You can just go to Twitter and upload a video of Jenn being a ho with no checks. Yes there's a lot of porn on Twitter that's why I picked that and not Facebook/Instagram.

That's why legally it's tricky, because currently the laws don't hold sites liable for user content as long as illegal content is taken down quickly as it gets reported, which PornHub complied with. The victims are claiming PornHub should be legally responsible to block the upload in the first place, and that argument can also apply to other sites where we eventually end up where everything is censored and checked like in China.

[–] [email protected] 1 points 8 months ago (1 children)

Huh? Nothing in this article is discussing putting restrictions on consumers of content, it's about acquiring proper consent for content uploaded to the platform.

[–] [email protected] 8 points 8 months ago

To me, the comment which you replied to seems to apply to posters, not consumers.