New Senate Bill Would Let Sex Trafficking And Revenge Porn Victims Sue Websites Like Pornhub

Topline

A group of bipartisan senators led by Sen. Josh Hawley (R-Mo.) introduced a bill Wednesday that would give victims of crimes like revenge porn, sex trafficking and sexual assault the option to sue websites like Pornhub in civil court for hosting illegal content depicting them, the latest ramification for the adult entertainment giant after the New York Times reported the site hosted and profited from footage of child abuse and sexual assault.

Key Facts

Hawley first signaled his intention to introduce what would later become the Survivors of Human Trafficking Fight Back Act of 2020 last week, after the New York Times ran a scathing column featuring testimony from underage girls and trafficking victims who said they struggled to have videos they did not consent to removed from Pornhub.

If passed, the bill would criminalize knowingly hosting or distributing images that depict forced or coerced sex acts and footage shared without participants’ permission, and allow victims to sue websites that do.

It would also require websites to have procedures to flag and take down any illegal content, ensuring that victims “can promptly have their images removed from the internet.”

After public outcry and pressure from credit card companies, Pornhub announced Tuesday it would pursue significant operational changes to its platform, including allowing only verified users to post content, banning downloads and doubling down on their moderation efforts. 

“If true, then Pornhub has nothing to fear from my legislation allowing victims of fraud, coercion, and sex abuse to sue them,” Hawley tweeted in response to Pornhub’s announcement.

The bill’s co-sponsors include Joni Ernst (R-Iowa), Thom Tillis (R-N.C.) and Maggie Hassan (D-N.H.).

Crucial Quote

“We shouldn’t have to pass a law to keep companies from profiting by sharing, without consent, intimate images. But we do,” Hassan said in a statement Wednesday. “The harm that these companies cause is extraordinary, lasts a lifetime, and should be unthinkable.”

Key Background

Earlier this week, Mastercard and Visa both announced they were investigating the allegations printed in the column, vowing to cut ties with Pornhub’s parent company Mindgeek if they were true. While many of the victims’ traffickers and abusers featured in the New York Times column were charged for their crimes, Pornhub escaped legal responsibility despite hosting the illegal content, and according to some victims, being largely ineffective in keeping such content off the platform. One woman who was forced to appear in explicit videos as a child spoke to the New York Times and said footage of her abuse still regularly appears on Pornhub. “Pornhub became my trafficker,” she told the newspaper. “I’m still getting sold, even though I’m five years out of that life.” 

Further Reading

The Children of Pornhub (The New York Times)

Pornhub Says It Will Make Sweeping Changes After Allegations It Hosts Videos Of Child Abuse, Assault (Forbes)

Visa, Mastercard Promise To Drop Pornhub If Claims It Hosts Child Abuse, Sexual Assault Videos Are Substantiated (Forbes)


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