The European regulation of porn platforms before and after the Digital Services Act

Abstract

This article analyzes pornographic content distribution platforms from a media law perspective, particularly focusing on platform governance. The article reviews the regulatory history of porn platforms, the impact of the Digital Services Act (DSA) on these platforms, and the regulatory and practical challenges they encounter. The study assesses the extent to which the DSA amends existing regulations and norms, aiming to identify solutions to address legal gaps. Methodologically, the research is grounded in a comprehensive interdisciplinary literature review and legal analysis. We argue that while the DSA is a significant step forward in ensuring the safe use of platforms, it remains insufficient in adequately addressing the complexities of porn platforms. Although transparency and fundamental rights mechanisms are positive initiatives, their effectiveness and applicability are questionable. We propose the involvement of civil society in the regulation of porn platforms and the harmonization of national regulatory frameworks, and encourage global cooperation and awareness-raising campaigns.