A federal court has ordered Pornhub to stand trial amid allegations that it profited from videos portraying the exploitation of a 16-year-old girl.
The lawsuit asserts that the platform neglected to verify the identity of the victim, enabling her abuser to upload footage of her sexual exploitation unchecked.
Case Background
In a recent decision, Federal Judge L. Scott Coogler, serving in the United States District Court for the Northern District of Alabama, denied Pornhub’s request for summary judgment.
This ruling paves the way for a case brought forth by the plaintiff, referred to as “Jane Doe,” to move forward.
The defendants include Pornhub and its parent company, MindGeek, which was renamed Aylo last year.
Significantly, the court ruled that Pornhub could not shield itself from liability under Section 230, a law typically protecting online platforms from being held accountable for user-generated content.
This marks a pivotal moment in what has been a challenging legal struggle.
Details of the Allegations
Laila Mickelwait, CEO of the Justice Defense Fund and author tackling issues related to Pornhub and child exploitation, praised the court’s ruling.
She highlighted substantial evidence indicating that Pornhub executives may have played a role in disseminating abusive content.
Mickelwait emphasized the necessity for both financial compensation for victims and criminal accountability for those at the helm of the company to avert similar abuses in the future.
Jane Doe was only 16 years old in early 2018 when her abuser filmed her engaging in sexual acts inside his vehicle.
This shocking footage found its way onto Pornhub shortly thereafter.
The perpetrator exploited a feature on the platform that monetized uploaded content, allowing both himself and Pornhub to profit based on views and downloads of the violent video.
In a particularly grievous incident, Jane Doe’s abuser allegedly drugged her and recorded himself assaulting her in a hotel room, with that footage uploaded to Pornhub in May 2020.
In total, there were 34 videos and six photo albums involving Jane Doe that depicted her abuse.
The abuser pleaded guilty in April 2022 to charges relating to the distribution of obscene materials involving a minor and received a 10-year prison term.
Jane Doe filed a class action lawsuit against the defendants in February 2021.
Implications of the Ruling
Judge Coogler’s ruling brought to light troubling practices regarding Pornhub’s content algorithm.
The court noted that Pornhub employs specific tags and keywords to organize content and attract viewers.
It revealed that the platform pays close attention to traffic and revenue generated by various categories, with tags related to “teen” content proving to be particularly lucrative and drawing in significant monthly revenue.
Moreover, the judge highlighted that company executives had resisted removing certain search terms associated with underage exploitation, claiming that phrases such as “young girl” did not explicitly suggest that a person was underage—a stance that has drawn criticism from advocates against sexual exploitation.
This ruling represents a critical turning point, according to supporters of anti-sexual exploitation efforts, showcasing that Pornhub cannot wriggle out of accountability due to legal protections.
They must face the uncomfortable truth about their role in profiting from such horrific acts.
The National Center on Sexual Exploitation Law Center, one of Jane Doe’s legal teams, shared its optimism regarding this significant legal advance, which could lead to heightened scrutiny and greater responsibility for online platforms.
Source: Christianpost
