Rights of amateur women in the online porn industry strengthened
A landmark ruling by the Amsterdam District Court could have far-reaching implications for the online porn industry, particularly with regard to privacy and the rights of amateur models. The court on Wednesday ordered Cyprus-based xHamster to either obtain the consent of all Dutch-based amateur models featured in videos posted on the site or remove them.
xHamster must obtain consent from amateur models or remove content
The ruling is the result of complaints filed by the Expertise Bureau for Online Child Abuse (EOKM), a non-profit organization based in the Netherlands. The decision obliges xHamster to remove within three weeks all videos containing amateur footage of people living in the Netherlands, unless the company can prove that these people have given their explicit consent. In addition, amateur recordings of persons not living in the Netherlands must be made inaccessible in the Netherlands within the same period, unless explicit permission can be established.
EOKM celebrated the ruling as “a victory for the rights and privacy of victims whose nude images were published without verifiable consent.” The organization previously had success with a lawsuit against the Dutch website Vagina.nl, in which the court ruled that publishing amateur images is illegal if the operator has not made sure that all the people depicted in the image agree to the publication.
This new ruling not only confirms the earlier ruling, but also sets a precedent for the jurisdiction of platforms outside the Netherlands whose content is accessible via the Internet. Arda Gerkens, director of EOKM, stressed the importance of this decision: “The distribution of nude images of amateur models in this way must be stopped, and all porn sites have a role to play in this.”
Significance of the ruling for privacy protection and self-regulation of the porn industry
EOKM’s lawyer, Hanna van Til, stated that “after this ruling, xHamster and other operators can no longer look the other way.” Her colleague Otto Volgant called the ruling “a historic verdict with major consequences for the entire porn industry,” adding that it was time for the porn industry to self-regulate and stop offering videos online without participants’ permission.
Given the growing concern about privacy and the rights of amateur models in the online porn industry, this ruling sets an important milestone. It underscores the responsibility of platforms like xHamster to ensure that rights are
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