PanamaTimes

Saturday, Sep 07, 2024

Pornhub: Judge rules Visa can be sued in abuse claim

Pornhub: Judge rules Visa can be sued in abuse claim

An abuse survivor can sue Visa over videos of her posted to Pornhub, a US court has ruled.

Serena Fleites was 13 in 2014 when, it is alleged, a boyfriend pressured her into making an explicit video which he posted to Pornhub.

Ms Fleites alleges that Visa, by processing revenue from ads, conspired with Pornhub's parent firm MindGeek to make money from videos of her abuse.

Visa had sought to be removed from the case.

Ms Fleites' story has featured in the New York Times article The Children of Pornhub - an article which prompted MindGeek to delete millions of videos and make significant changes to its policies and practice.

Her allegations are summarised in the pre-trial ruling of the Central District Court of California.


Millions of views


The initial explicit video, posted to Pornhub without her knowledge or consent, had 400,000 views by the time she discovered it, Ms Fleites says.

She alleges that after becoming aware of the video, she contacted Mindgeek pretending to be her mother "to inform it that the video qualified as child pornography". A few weeks later it was removed

But the video was downloaded by users and re-uploaded several times, with one of the re-uploads viewed 2.7 million times, she argues.

MindGeek earned advertisement revenue from these re-uploads, it is alleged.

Ms Fleites says her life had "spiralled out of control" - there were several failed suicide attempts and family relationships deteriorated - then while living at a friend's house, an older man introduced her to heroin.

To fund her addiction, while still a child, she created further explicit videos at this man's behest, some of which were uploaded to Pornhub.

"While MindGeek profited from the child porn featuring Plaintiff, Plaintiff was intermittently homeless or living in her car, addicted to heroin, depressed and suicidal, and without the support of her family," Judge Cormac J. Carney's summary of her allegations says.

MindGeek told the BBC that at this point in the case, the court has not yet ruled on the truth of the allegations, and is required to assume all of the plaintiff's allegations are true and accurate.

"When the court can actually consider the facts, we are confident the plaintiff's claims will be dismissed for lack of merit," the company said.


'The tools to complete the crime'


The Judge ruled that, at the current stage of proceedings, "the Court can infer a strong possibility that Visa's network was involved in at least some advertisement transactions relating directly to Plaintiff's videos".

But Visa argued that the "allegation that Visa recognized MindGeek as an authorized merchant and processed payment to its websites does not suggest that Visa agreed to participate in sex trafficking of any kind".

It also argued, according to the judge's account of its position, that a commercial relationship alone does not establish a conspiracy.

But Judge Carney said that, again at this stage of proceedings, "the Court can comfortably infer that Visa intended to help MindGeek monetize child porn from the very fact that Visa continued to provide MindGeek the means to do so and knew MindGeek was indeed doing so.

"Put yet another way, Visa is not alleged to have simply created an incentive to commit a crime, it is alleged to have knowingly provided the tool used to complete a crime".

A spokesperson for Visa told the BBC that it condemned sex trafficking, sexual exploitation and child sexual abuse material.

"This pre-trial ruling is disappointing and mischaracterizes Visa's role and its policies and practices. Visa will not tolerate the use of our network for illegal activity. We continue to believe that Visa is an improper defendant in this case."


Zero tolerance


Last month MindGeek's chief executive officer and chief operating officer resigned.

The senior departures followed further negative press in an article in the magazine the New Yorker, examining among other things the company's moderation policies.

Mindgeek told the BBC that it has:

*  zero tolerance for the posting of illegal content on its platforms

*  banned uploads from anyone who has not submitted government-issued ID that passes third-party verification

*  eliminated the ability to download free content

*  integrated several technological platform and content moderation tools

*  instituted digital fingerprinting of all videos found to be in violation of our Non-Consensual Content and CSAM Policies to help protect against removed videos being reposted

*  expanded its moderation workforce and processes

The company also said that any insinuation that it does not take the elimination of illegal material seriously is "categorically false".

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
BRAZIL’S SUPREME COURT MINISTER ORDERS EXPLANATION ON X BLOCKING
Porn streamer OnlyFans paid owner $630mn in dividends
Donald Trump will not face sentencing over his 'hush money' conviction before the US presidential election on November 5, after a Manhattan judge granted his request to delay the proceeding
Return of Brazilian Artworks to Bahia
France Pilots Mobile Phone Ban in Schools
WHO-Led Study Finds No Link Between Mobile Phones and Brain Cancer
Kamala Harris is in Detroit and has a new accent again
EU Rejects Maduro’s Election Win Claim in Venezuela
Former Red Brigades Member Arrested in Argentina After 40 Years on Run
Elon Musk Accuses Brazilian Supreme Court Justice of Election Interference
Universe May Have Had a Pre-Big Bang 'Secret Life'
Ecuador's Narco Violence Threatens Scientists and Conservation Efforts
Brazilian Judge Alexandre de Moraes Blocks Elon Musk's X
Nаkеd American woman gropes security
Tsimane Tribe: Secrets to Health and Slow Ageing
OpenAI Blocks Iranian Group's ChatGPT Accounts for Election Interference
WHO Declares Mpox Global Health Emergency Again
Decline in World Records at Paris Olympics: An Analysis
EU Pressures Elon Musk Over Trump Interview
UN Reports Lowest Global Youth Unemployment Rate in 15 Years
Fatal Plane Crash Near Sao Paulo
Snoop Dogg: The Feel-Good Spirit of the Paris Olympics
McDonald's Worker Sets Restaurant On Fire Over Customer Frustration
Kamala Harris Confirmed as Democratic Candidate for US Presidential Election
Controversies at the Paris Olympics
Elon Musk Accepts Fight Challenge from Venezuelan President Nicolas Maduro
First Case of 'Virgin Birth' in Endangered Shark Species in Italy
G20 Fails to Reach Agreement on Global Billionaire Tax
Mexican Drug Lords El Mayo and El Chapo's Son Arrested in Texas
World's Hottest Day Recorded on July 21
Joe Biden Withdraws from 2024 US Presidential Race
A Week of Turmoil: Key Moments in US Politics
Global IT Outage Sparks Major Concerns
Global IT Outage Unveils Digital Vulnerabilities
Secret Service Criticized for Lack of Sniper Protection During Trump Shooting
Colombian Court Annuls Amazon Tribes’ Carbon Credit Deal
Sunita Williams Safe on ISS, to Address Earth on July 10
Biden Affirms Commitment To Presidential Race
Boeing Pleads Guilty Over 737 MAX Crashes
Beryl Storm Hits Texas, Killing 2 and Causing Major Power Outages
2024 Predicted to Be World's Hottest Year
Macron Faces New Political Challenges Despite Election Relief
Florida Man Arrested Over Attempt to Withdraw One Cent
Anger mounts at Biden’s top team after disastrous debate
Bolivian President Luis Arce Denies 'Self-Coup' Allegations
Steve Bannon Begins 4-Month Prison Sentence
Biden Warns of 'Dangerous Precedent' After Supreme Court Immunity Ruling in Trump Case
Elon Musk Accuses Kamala Harris of Misleading Post on Trump's Abortion Stance
Hunter Biden Sues Fox News Over 'Revenge Porn' Allegations
New York Times Editorial Board Urges Biden to Exit Presidential Race
×