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Three of the biggest porn sites must verify ages to protect kids under Europe's new digital law

FILE - European Union flags wave in the wind as pedestrians walk by EU headquarters in Brussels, on Sept. 20, 2023. Three of the world's biggest porn websites face new requirements in the European Union including verifying the ages of users, the bloc said Wednesday, Dec. 20, 2023, as it expanded the reach of its digital law designed to keep people safe on the internet. (AP Photo/Virginia Mayo, File) (Virginia Mayo, Copyright 2023 The Associated Press. All rights reserved)

LONDON – Three of the world's biggest porn websites face new requirements in the European Union that include verifying the ages of users, the 27-nation bloc said Wednesday, expanding the reach of its digital law designed to keep people safe on the internet.

Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EU's executive branch.

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They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products.

Violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

Pornhub disputed its status as a very large online platform under the DSA, referring to a statement on its website saying it has 33 million average monthly users.

XVideos and Stripchat did not respond to requests for comment.

The law includes provisions to protect children by preventing them “from accessing pornographic content online, including with age verification tools,” the commission said in a press release.

France, Germany and Britain and U.S. states including Utah and Texas have drafted laws requiring porn sites to verify a user is 18 or older. Methods could include checking credit cards or government-issued ID or scanning faces to estimate ages, but all those systems have raised concerns about privacy and discrimination.

Europe's digital law also calls for measures to curb the risk of spreading illegal content online, such as child sexual abuse material, or content that breaches “fundamental rights” like privacy, such as “non-consensual” images or deepfake porn.

“These measures can include adapting their terms and conditions, interfaces, moderation processes or algorithms, among others,” the commission said.

The DSA kicked in for the biggest online platforms in August. The requirements also include carrying out risk assessments, giving researchers access to publicly available data and filing regular transparency reports.

The EU has used the law to crack down on Elon Musk's social media platform X, previously known as Twitter, by opening an investigation on Monday into whether it failed to do enough to stop the spread of illegal content such as hate speech or incitement of terrorism.