A major Canadian porn operator is facing court action from the federal Privacy Commissioner to ensure that everyone appearing in sex videos on its sites has consented to them being uploaded.
Philippe Dufresne applied Monday for the federal court order requiring Aylo, which runs the sites Pornhub and Youporn, to take action to fully comply with Canadian privacy law. Last year, the commissioner published a report that found that Aylo had contravened Canadian privacy law by enabling some intimate images to be shared on its websites without the direct knowledge or consent of everyone appearing in them.
Mr. Dufresne had launched his investigation in response to a complaint from a woman who found that her ex-boyfriend had uploaded an intimate video of her to Aylo’s porn sites without her consent. The video included her name and other identifying details; after it was posted, she began receiving unsolicited social-media messages from strangers around the world.
Although she took steps to remove it online, including having it taken down from 80 websites where it had been reposted more than 700 times, the video continued to resurface online for years.
In a statement, Mr. Dufresne said that Aylo had changed some of its privacy practices and taken steps to verify that consent had been obtained during and after the investigation. But the company’s practices continue to fail to ensure that meaningful consent is obtained from everyone who appears in the videos, the commissioner’s court application says.
“Non-consensual posting of intimate images can have devastating consequences for victims. To date, Aylo has not adequately addressed the significant concerns that were identified in my investigation,” Mr. Dufresne said in a statement.
“Privacy is a fundamental right, and individuals must be protected. I am turning to the federal court to ensure that Aylo only posts intimate videos with the direct knowledge and consent of everyone appearing in those images.”
His report, whose publication was delayed after Aylo launched legal proceedings, recommended that the operator delete all content for which valid consent was not obtained directly from people depicted in the sex videos, and make other changes to ensure prior consent is obtained.
Alex Kekesi, vice-president of brand and community at Aylo, said the company had introduced “comprehensive safeguards” to “eliminate illegal material from our sites.”
“This includes mandatory uploader verification, mandatory proof of consent and identification of all participants in content at upload, banning downloads of content, expanding moderation work force and processes, partnering with non-profit organizations around the world.”
She said Aylo had been in “productive dialogue” with the Privacy Commissioner’s office since last year about the potential of a compliance agreement, “so we are disappointed and surprised to see them take this action and we will respond in due course.” She said the company strongly disagrees with his assertions and does not believe it is in violation of Canadian privacy law.
Senator Julie Miville-Dechêne, author of a private member’s bill intended to prevent children from accessing pornography online by requiring checks that users are over 18, said the posting of revenge porn without consent is a serious problem.
Her bill is still progressing through its parliamentary stages. But the federal government’s flagship online harms bill, which included measures to ensure that non-consensual sexual images are swiftly taken down from platforms, has been stopped in its tracks by the proroguing of Parliament.
Ms. Miville-Dechêne said she applauded the Privacy Commissioner for pursuing Aylo on the issue of consent.
“The resolve of the Privacy Commissioner is remarkable, considering that for years, the Canadian government has not legislated or regulated to protect children from exposure to porn and adults whose intimate videos are used without consent,” she said in an e-mail.
Lianna McDonald, executive director of the Canadian Centre for Child Protection, said in an e-mail that she found it “incredibly reassuring to see our administrative bodies use their powers and get tough with an industry that has long been known to be a source of harm to victims.”
She added, however, that “it should concern us all that this Canadian-based website has been in operation for nearly twenty years, and only now is it being formally pressured to take steps to prevent exploitation.”