Europe Has Traded Away Its Online Porn Law

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Europe Has Traded Away Its Online Porn Law
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The landmark Digital Services Act has a glaring omission: It ditches plans to tighten rules that could have protected survivors of revenge porn and other forms of sexual abuse.

Marinho trusted shared an intimate video of her online without her consent in 2019, she compared it to a chronic disease she would have to live with for the rest of her life.

She also launched a campaign to raise awareness about the phenomenon across Portugal. In the first two days, she says she was inundated with more than 500 stories from people who had experienced “image-based sexual abuse”—an umbrella term that includes deepfake pornography, upskirting, and revenge porn. Researchers predict there are thousands more people across the EU—mostly women, but also men and people from LGBTQ communites—who are affected by this type of online harassment.

“As ever, online abuse against women and girls gets marginalized and minimized, and I think that’s what we've seen here,” says Clare McGlynn, who specializes in image-based sexual abuse at the UK’s Durham University. “It’s not taken seriously.” In the end, the Parliament chose to prioritize other issues, such as small and medium-size enterprise exemptions, website accessibility, and consumer protections, said the source. This account of the negotiations was supported by another person involved in the proceedings, who also asked to remain anonymous. Christel Schaldemose, who led the Parliament’s negotiating team, did not reply to a request for comment.

Privacy concerns from sex workers and content creators could have been mitigated by using business instead of personal emails to verify users, says McGlynn. This extra step would have created enough friction in the uploading process to make people think twice before uploading, she says.

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