This case represents a 1st in-the-nation federal decision holding INTERNET SERVICE PROVIDERS CAN BE HELD ACCOUNTABLE for knowing possession & distribution of CSAM, CHILD SEXUAL ABUSE MATERIAL (aka “child pornography”) on their sites
WASHINGTON, DC (February 9, 2022) – The National Center on Sexual Exploitation (NCOSE) said the judge’s ruling allowing the class action lawsuit Doe #1 et al v. MG Freesites LTD et al, to proceed is a significant victory for the courageous survivors of childhood sex trafficking and Child Sexual Abuse Material (CSAM) whose videos and images of their sexual abuse were posted on Pornhub and other MindGeek-owned sites.
“This ruling brings the brave survivors—of child sex trafficking and CSAM—one step closer to justice. We are encouraged that MindGeek-owned Pornhub will finally be held to account for profiting from child sex abuse, rape, and sex trafficking material,” said Dawn Hawkins, CEO for the National Center on Sexual Exploitation.
“This is the second lawsuit against Pornhub that a judge has allowed to proceed, despite MindGeek’s claim that it has legal immunity under CDA Section 230. This ruling represents a complete rejection of such claims. The Court made clear what we have said all along: CDA 230 does not provide immunity for the knowing possession and distribution of CSAM. This ruling is one step forward in our quest to seek justice for survivors of Pornhub’s exploitation empire – a step made possible by our courageous plaintiffs,” Hawkins added.
Plaintiff Jane Doe #1 was just 16 years old when she was drugged and raped by a man in Tuscaloosa, Alabama. The child sexual abuse and rape of Jane Doe #1 was filmed. That same man entered into an agreement with MindGeek to share profits from views and downloads of Jane Doe #1’s victimization on MindGeek’s websites. MindGeek reviewed, categorized, tagged, and disseminated the images and videos depicting the rape and sexual exploitation of sixteen-year-old Jane Doe #1.
At no time did MindGeek or Pornhub attempt to verify Jane Doe #1’s identity, age, inquire about her status as a victim of trafficking, or otherwise protect or warn against her traffickers before or while the video of her being drugged and raped was sold, downloaded, viewed and otherwise advertised on Pornhub.
When Plaintiff Jane Doe #2 was still a minor, a sex trafficker forced her to participate in the creation of sexually explicit videos. These videos of Jane Doe #2’s sexual abuse were uploaded and disseminated through websites owned, operated and/or controlled by MindGeek including, Pornhub. Neither Pornhub, nor any other website, owned or operated by MindGeek undertook any measure to verify Jane Doe #2’s identity or age. As a result, child sex abuse material depicting Jane Doe #2 was distributed broadly throughout the world on MindGeek’s internet platforms.
The plaintiffs are suing MindGeek for financially benefiting from their abuse, which violates the Trafficking Victims Protection Reauthorization Act, among other laws.
The legal team representing Jane Doe #1 and Jane Doe #2 consists of:
- The Zarzaur Law Firm of Birmingham, Alabama;
- Prince Glover Hayes, of Tuscaloosa, Alabama;
- Levin Papantonio Rafferty, of Pensacola, Florida;
- Laffey, Bucci & Kent, LLP, of Philadelphia, Pennsylvania;
- Conrad O’Brien PC, of Philadelphia, Pennsylvania; and
- The National Center on Sexual Exploitation, of Washington D.C.
