The EU Commission recently announced new investigations into a number of pornographic websites, aimed at ensuring that online platforms effectively protect minors from pornographic content under the Digital Services Act (DSA).
Under the DSA, compliance for very large adult platforms is supervised by the European Commission, while smaller platforms fall under the remit of national Digital Services Coordinators in the member state where they are established.
What Is the Digital Services Act?
The DSA is part of the EU's broader legislative package regulating digital markets, introduced to clarify and expand the responsibilities of online platforms. In essence, it requires online service providers, from social media sites to search engines, to address systemic online risks such as the dissemination of illegal content, threats to public security, and the absence of effective age-verification measures for sensitive materials like pornography. By imposing additional transparency and accountability rules, the DSA seeks to align digital services with fundamental rights while ensuring robust safeguards for younger users.
The latest investigations
The latest formal investigations target Pornhub, Stripchat, XNXX, and XVideos for alleged breaches of the DSA. According to the Commission's preliminary assessment, these platforms have not established sufficient measures to prevent underage access to explicit content. As a result, the Commission is examining whether each platform's risk assessment regime, covering age verification, content filters, and user reporting, is compliant. If any platform is found non-compliant, it could face financial sanctions, or be subjected to stricter oversight obligations under the DSA framework.
This timing signals the EU's determination to enforce its new regime effectively. While many providers claim they already have moderation and age verification tools in place, the Commission insists on solid evidence that these tools genuinely deliver results through risk assessments.
The UK's approach
Across the Channel, the UK is likewise intensifying its efforts to enhance online safety. Ofcom, the UK's communications regulator and enforcement body overseeing the Online Safety Act (OSA), has recently launched an investigation into a major provider of adult content suspected of failing to comply with its statutory duties. The inquiry focuses on whether this platform has adhered to legal guidance on mitigating harm to minors.
Although the OSA shares the DSA's core goal of protecting vulnerable users, Ofcom's powers diverge in certain respects. It can impose significant fines, block offending sites, and even require independent compliance audits if providers fail to adopt rigorous safety measures. This model aligns broadly with the DSA, but the UK's more direct regulatory structure, centered on Ofcom's unilateral authority, sets it apart from the EU's collective framework.
Why this matters
By initiating fresh investigations under the DSA, the European Commission demonstrates a stronger resolve to turn policy into action. The targeted platforms must now prove that their content filtering and moderation practices are effective. As the inquiries progress, the Commission may consider additional enforcement measures, including interim actions and formal non-compliance decisions, to reinforce the DSA's overarching objective of protecting minors in the digital landscape.
It is also consulting on draft guidelines to help platforms comply with their obligations to protect minors online under the DSA. The consultation ends on 10 June 2025.
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