MindGeek Lawyers Ask Alabama Judge to Uphold Section 230 Protections

MindGeek Lawyers Ask Alabama Judge to Uphold Section 230 Protections

BIRMINGHAM, Ala. — MindGeek lawyers presented this week their first on-record Section 230 arguments in the current onslaught of liability lawsuits over third-party content uploaded onto Pornhub, part of the War on Porn-driven campaign that kicked off with Nicholas Kristof’s New York Times article in early December 2020.

Two anonymous women filed a class action suit against MindGeek in Alabama in February, “claiming that videos and images depicting their past sexual abuse were sold or distributed on websites owned and operated by MindGeek,” reported legal news site Law360.

The company urged the Alabama federal judge "to dismiss the proposed class action raised by two female survivors of childhood sex trafficking, arguing that Section 230 of the Communications Decency Act protects the company from their suit since third parties made and posted the sexually explicit videos depicting the women, not Pornhub,” the report continued.

As neutral observers have expected since Exodus Cry, NCOSE and other religiously-inspired anti-porn groups began their ongoing campaign to twist existing legislation and precedent in order to make platforms liable for the actions of uploaders — something that, by design, Section 230 was explicitly written to prevent — MindGeek’s lawyers argued that “internet service companies (like the defendants) cannot be held liable as the publishers of user-generated content (like the videos of plaintiffs third parties made and uploaded). Thus, because plaintiffs seek to hold defendants liable for content posted to their websites, their claims are proscribed by Section 230.”

"The complaint does not connect any website features to the specific harm plaintiffs allegedly suffered," the MindGeek lawyers continued. "Moreover, courts have consistently found that the sorts of content management tools plaintiffs point to do not vitiate Section 230 immunity."

Labeling and Monetization

The company also argued that merely “labeling content to make it easier to find” does not invalidate Section 230 immunity, as the platforms are not the creators of the content.

As for the claim that Pornhub “monetized” illegal videos that might have slipped through their moderation systems — a claim that was at the core of Nicholas Kristof’s December 4 article and that originated in anti-porn propaganda by NCOSE and Exodus Cry — the MindGeek lawyers point out that “an allegation that defendants monetized their websites in general does not imply that those advertising revenues were received 'because of' trafficking by third parties. Nor do plaintiffs allege that defendants received any benefit whatsoever from their specific videos."

Law360 also reported that “Reddit asserted a similar Section 230 defense three weeks ago, telling a California federal judge that the statute protects it from a proposed class action accusing the website of actively profiting from child pornography.”

The case is Doe No. 1 et al. v. MG Freesites LTD et al., case number 7:21-cv-00220, in the U.S. District Court for the Northern District of Alabama.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Byborg Acquires Gamma Entertainment

Luxembourg-based Byborg Enterprises SA has acquired 100% of Canadian adult conglomerate Gamma Entertainment.

Adult Creative Debuts 'Pornful' Website Management Platform

Web design and marketing firm Adult Creative has launched its new Pornful website management platform.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

XBIZ Honors Uplifts Spirits Amid Challenging Times for LA and the Adult Industry

"A bunch of misfit toys." That’s how MojoHost founder Brad Mitchell described himself and his industry peers at the 2025 XBIZ Honors ceremony at Hollywood’s Kimpton Everly Hotel. Everyone cheered in agreement. Frankly, they wouldn’t have it any other way.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Show More