Prince Glover Hayes Fights for Survivors of Online Exploitation in Pornhub Lawsuit
Prince Glover Hayes is proud of the work we’re doing on behalf of victims of online exploitation in the class action lawsuit against MG Freesites LTD et al (Pornhub). A recent court decision to deny the certification of an interlocutory appeal in the case is a win for survivors and everyone who believes that corporations should not be able to profit off the abuse of vulnerable people, including minors.
Case background
When the named plaintiff in the case, our client, Jane Doe #1, was just 16, she was drugged and sexually assaulted in Tuscaloosa, Alabama. Her attacker filmed the assault, and then distributed the video on Pornhub without her consent. The complaint states that MindGeek, which is the parent company of Pornhub, entered into monetization agreements with the perpetrator of this abuse.
The court certified a class of individuals who were under 18 when they appeared in videos/images hosted by Pornhub from Feb. 12, 2011, to the present.
The allegations against Pornhub/MindGeek
Pornhub didn’t just permit the video to appear on its site. Instead, it reviewed, tagged, categorized, and distributed videos of the plaintiff’s assault. The company profited from users downloading and watching that content. At no time did Pornhub attempt to identify the victim or verify her age. The company made no attempt to prevent or report this type of trafficking, abuse, and exploitation. Rather, it profited from the content. The complaint relies on the Trafficking Victims Protection Reauthorization Act (TVPRA) and Federal child pornography laws like 18 U.S.C. §§ 2252 and 2252A to hold Pornhub/MindGeek accountable for their actions.
The court’s ruling
Pornhub moved for summary judgement, arguing that Section 230 of the Communications Decency Act shields it from liability. Section 230 provides a general protection for online platforms from liability for user-uploaded content. The law treats the platforms as intermediaries rather than publishers. Pornhub attempted to use that law to claim that since it did not upload the videos, but rather allowed users to upload them, they could not face liability.
However, the court rejected that defense. The claims against Pornhub are not limited to third-party content. Pornhub’s role in promoting the content through its algorithms and its profiting from the illegal content went beyond the role of a neutral intermediary. The court found that the materials shared on the site were not protected speech. According to the ruling, they are criminal evidence of abuse, which falls outside of the protections in Section 230. The statute does not offer companies immunity from violations of sex trafficking laws under the TVPRA. Companies cannot hide behind Section 230 to knowingly engage in and benefit from criminal conduct, especially conduct that involves the abuse and exploitation of minors.
Based on this reasoning, the court denied Pornhub’s motion for summary judgment. The ruling means that the case can go to trial.
Evidence the court cited in its ruling
According to the ruling, the court looked at evidence of internal communications within the company to reach its decision. Pornhub employees reportedly had discussed the Child Sexual Abuse Material (CSAM) that they saw on the platform. Further, the algorithm may have been assisting users in advertising and finding illegal content. This evidence undermined Pornhub’s legal defenses and supported the plaintiff’s claims of knowing participation and profit from exploitation. In other words, the defendants could be held liable for their own acts, not just for hosting illegal third-party content.
Why this ruling matters
The ruling is an important step in holding companies like Pornhub accountable when they participate in and profit from illegal conduct. Section 230 will not provide a shield that allows the knowing promotion of CSAM. Survivors, therefore, have the right to seek justice when their abuse is used for corporate profits. This ruling is a major win for victims of online exploitation.
The ruling is also critical for victims across the country. In fact, the US currently hosts more CSAM than any other country. The minors who are exploited by online publishing of abuse images and videos suffer two violations – the initial abuse and the secondary harm caused by those who view the materials. Given the scope and severity of the issue, especially in the US, this ruling is an important step toward preventing future abuse of minors.
Resources for reporting CSAM online
The Rape, Abuse, and Incest National Network (RAINN) offers resources for anyone who wishes to report CSAM. According to RAINN, you may report materials or seek support in the following ways:
- Use the CyberTipline online or call 1-800-843-5678 and be forwarded to a law enforcement agency.
- Contact the National Sexual Assault Hotline – 800.656.HOPE (4673) or use the online chat feature to connect with trained support personnel.
- Call the National Child Abuse Hotline at 800.4.A.CHILD (422-4453).
Prince Glover Hayes’ involvement in the case
As a firm based in Tuscaloosa, Prince Glover Hayes is deeply connected to this case — and to the fight for justice for survivors. We’re proud to be working alongside national co-counsel and advocacy organizations to protect survivors and hold their abusers – and those who seek to profit from their abuse – liable for their actions. This case isn’t just about acquiring justice for the named victims, it’s about preventing future abuse by putting companies on notice – CSAM is not fair game. And those who profit from it are not neutral facilitators.
If you or a loved one faced abuse or exploitation related online platforms like Pornhub, you need to learn more about your rights. Call us or fill out our contact form today to speak to one of our dedicated, compassionate attorneys.