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 © 2026 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

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Adds AI Video Description Generator

Tube Sites Submitter has introduced a new AI video description generator.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

Show More