According to EOKM director Arda Gerkens, this ruling will require xHamster to clean up its site and is part of EOKM’s larger plan to stop all porn sites from distributing amateur footage without consent. The Amsterdam court has given xHamster three weeks to comply with the order and remove all footage posted without consent, or face maximum fines per video up to $32,000 daily. Lawyers assisting EOKM on the case said the verdict had “major consequences for the entire porn industry,” including bigger sites like Pornhub, which already was required to remove 10 million videos, as Vice reported in 2020. “Now it’s xHamster’s turn,” Otto Volgenant of Boekx Advocaten said in EOKM’s press release, noting that 30 million people visit xHamster daily.
On xHamster, only professional producers and verified members can upload content. The website requires everyone who creates an account to upload an ID and share a selfie to become verified. Before any verified member’s upload is made public, xHamster moderators — a team of 28 who use software approved by EOKM to identify illegal content — conduct a review to block any illegal content. The website’s terms of service require that each uploader provides a consent form from each person recognizably featured in all amateur content. Hammy Media told the court that it had already removed all violating content that EOKM had flagged in the case and provided assurances that moderators check to ensure the uploader is the same person as the performer. However, in his order, judge RA Dudok van Heel wrote that “it is sufficiently plausible for the time being that a large amount of footage is being made public on xhamster.com, of which it cannot be demonstrated that permission has been obtained from the persons who appear recognizable in the picture.”
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