Porn site Pornhub is challenging the European Union’s landmark digital content law, arguing it does not meet the criteria to come under stricter rules, its parent company said Thursday.
The EU in December said Pornhub and two other adult sites were large enough to comply with the Digital Services Act’s extra rules for “very large” online platforms.
Pornhub has filed a challenge with the General Court of the EU in Luxembourg, its parent company Aylo said in a statement.
“We believe the European Commission erred in its calculation of our user numbers. We also consider illegal the requirement … (that an) advertising repository must be made publicly accessible,” it said.
Under the DSA, the largest platforms must create a library of adverts that are published on their websites.
The adult entertainment giant said it is seeking a decision by the court to suspend its advertising-related obligations.
“As we’ve said in the past, the designation came as a surprise, given our significantly lower published figures,” Aylo said.
As of January, Pornhub had 32 million monthly active users in Europe, it said.
Under the DSA law, platforms come under the more stringent rules if they have at least 45 million monthly active users in the European Union — or 10 percent of the bloc’s population.
This means submitting reports to regulators about the specific threats their platforms pose and what actions they are taking to mitigate those risks.
Last year, Brussels named 22 platforms that are large enough to come under the rules, including Facebook, Instagram, TikTok and X, the former Twitter.
Online retailers Amazon and Zalando are also on the list and have filed legal challenges against their designations.
