The Digital Child Newsletter - 20th June
Edited by Luke Taylor & Mike MacLennan
Big news:
Comparing UK political party manifesto commitments for online safety.
PornHub blocks 5 more US states over age verification laws.
10 lawsuits by 10 underage victims against Bernd Bergmair and Pornhub.
UK Party Manifesto Comparison:
With an election just two weeks away, here are the goods ordered from most comprehensive to least comprehensive.
“[Implement] our Online Safety Act [to] make it a legal requirement for social media firms to protect children from illegal or harmful content online. This includes fining social media companies who shirk their responsibilities to keep children safe.”
“We will put… banning mobile phones in the school day on a statutory footing which will require all schools to operate a ban.”
“We will urgently consult on introducing further parental controls over access to social media...including developing the necessary technology, in partnership with other countries.”
“Labour will build on the Online Safety Act, bringing forward provisions as quickly as possible, and explore further measures to keep everyone safe online, particularly when using social media.”
“We will also give coroners more powers to access information held by technology companies after a child’s death.”
“Ensure the Online Safety Act comes into force on time. SNP MPs will press the UK Government to ensure tech firms cannot escape their responsibilities for the content on their platforms through full enforcement of the Act and prompt strengthening of these laws when required.”
“Incorporating the UN Convention on the Rights of the Child into UK law.”
“Setting up an independent advocacy body for children’s safety online.”
“Creating a new Online Crime Agency to effectively tackle illegal content and activity online, such as… revenge porn…”
“Launch an inquiry into social media harms.”
“Review the Online Safety Bill”
“Amend the Online Safety Act to protect democracy, and prevent political debate from being manipulated by falsehoods, fakes and half-truths.”
No specific commitments to child online safety were found in their manifesto.
PornHub Blocked again:
Blocked: Nearly a third of US states have now passed age verification legislation to protect children from explicit adult content online. In response, PornHub plans to add five new states to the ever expanding list of banned zones - Indiana, Idaho, Kansas, Kentucky, and Nebraska. The Free Speech Coalition, with other adult content platforms, is suing the state of Indiana over the legislation, seeking to prevent it from taking effect on July 1, 2024. Aylo (PornHub’s parent company) responded to the age verification laws by stating they support age verification but the current laws are “ineffective, haphazard, and dangerous” because they currently require ID-based verification, leading consumers towards every dodgier sites.
The wider context: 16 states have now enacted laws, or soon will, requiring porn sites to verify users age. They are …
PornHub and its lawsuits:
10 too many: Laila Mickelwait has drawn attention to 10 separate lawsuits filed between June 8th–16th in the United States District Court (California) against Pornhub and its enablers. The victims, who had their child sexual abuse monetized and globally distributed by Pornhub, are also personally suing Bernd Bergmair, the majority owner of PornHub. If found guilty, these cases break federal sex trafficking and child pornography laws, and completely violate Article 1 of the 1948 Universal Human Rights Act: “All human beings are born free and equal in dignity and rights”. Those profiting must be held to account.
For the 10 lawsuits, and an amended complaint by an 11th victim abused as a child, see: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. Bellow is an excerpt from one of those cases:
“These courageous survivors sued P*rnhub, its individual owners and their enablers. Hold all of these abusers accountable to the full extent of the law. #Takedown #Traffickinghub”
Laila Mickelwait on X (June 17th, 2024).
Big Tech:
Not looking good for TikTok: TikTok is facing another potential lawsuit for once again failing to protect children’s privacy, facing a new legal challenge in the U.S. The Federal Trade Commission (FTC) is investigating allegations that TikTok’s content moderation and algorithm recommendations expose minors to inappropriate material, violating the Children’s Online Privacy Protection Act. The FTC is considering measures, including a potential ban or divestiture as signed in by President Biden recently.
WARNING: U.S. Surgeon General Dr. Vivek Murthy has proposed that social media platforms should carry warning labels similar to those on cigarette packages with the aim of raising awareness about the significant mental health risks associated with social media. Adolescents who spend more than 3 hours a day on social media face double the risk of anxiety and depression symptoms, with the average daily use in this age group being 4.8 hours (summer of 2023). The warning label would “regularly remind parents and adolescents that social media has not been proved safe”, an action that has garnered significant support from high profile individuals. See for example:
“I’m glad to see support growing for sensible rules to mitigate the damaging effects of social media on kids’ mental health.”
Around the World:
UN:
“Prostitution and Violence Against Women and Girls” report: The United Nations Human Rights Council has begun its 56th session, taking place between 18 June–12 July 2024. This article by Jessica Neuwirth discusses the UN report by Reem Alsalem, the UN special rapporteur on violence against women. Alsalem's report, to be presented to the Human Rights Council on June 21, condemns prostitution as fundamentally violent, tied to patriarchal abuse, and sex trafficking. She argues for the abolition of prostitution, rejecting the term “sex work” and emphasising its incompatibility with human dignity and welfare.
Denmark:
xHamster Squirms: An Amsterdam court has ordered xHamster - the second biggest global porn site - to remove all videos featuring individuals who have not given explicit consent, following a lawsuit by the Dutch anti-child-abuse campaign group Offlimits. The court ruled that any unlicensed footage must be removed within three days or face fines of €10,000 per video, increasing €500 per day up to a maximum of €30,000 per video. This ruling shifts the burden of proof from victims to the production company, marking a significant step in protecting privacy and consent in the adult film industry. Action is possible against the largest porn websites!
“This ruling makes it clear that porn websites themselves have the responsibility to only put material online for which it has been very well checked that there is consent. The burden of proof lies with the platform. This is an important victory for victims.”
—— Otto Volgenant of Boekx Advocaten, who assisted Offlimits (translated)
Sweden:
AI pros and cons: The Stella Polaris Summit, held on June 17th by the World Childhood Foundation in Stockholm, focused on the role of artificial intelligence (AI) in combating child sexual abuse. The event gathered 150 guests, including international experts and representatives from major corporations, to foster collaboration and promote AI solutions. Highlights include discussions on ethical challenges, AI-generated abuse material, and interdisciplinary research projects. The summit illustrates the need for greater cross-sector collaboration and the positive use of AI in tackling online child harms.
“We must ensure this is recognised as a significant threat in cybersecurity moving forward,”
Staffan Truvé, CTO of Recorded Future.
Massachusetts:
State Poised To Ban Revenge Porn: Massachusetts is on track to become the 49th state to criminalise revenge porn as Governor Maura Healey prepares to sign the bill on Thursday, June 21st. The new law will make the unauthorised distribution of intimate images a criminal offence, providing stronger protections for victims and imposing penalties on perpetrators. Under this legislation, adults who distribute explicit images without consent could face up to two and a half years in prison, a fine of up to $10,000, or both. Additionally, the bill increases the fine for criminal harassment from $1,000 to $5,000. Once enacted, South Carolina will be the only state without specific legislation against revenge porn.
Editor’s picks:
Laila Mickelwait on X: “These courageous survivors sued P*rnhub, its individual owners and their enablers. Hold all of these abusers accountable to the full extent of the law. #Takedown #Traffickinghub”
Dr. Vivek H. Murthy in The New York Times: “It is time to require a surgeon general’s warning label on social media platforms, stating that social media is associated with significant mental health harms for adolescents.”
Commissioner Ashwin Vasan, MD, PhD on X: “It's time to recognize and regulate digital toxins. Public health has always aimed to minimize exposure to harmful toxins to keep us healthy. Social media should be no exception.”