Canada seeks court order to ensure Pornhub operator obtains consent

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OTTAWA (Reuters) -Canada’s privacy watchdog said on Monday he was seeking a court order against the operator of Pornhub.com and other adult entertainment websites to ensure it obtained the consent of people whose images were featured.

The move by Privacy Commissioner Philippe Dufresne marks the second time in a year he has expressed concern about Montreal-based Aylo Holdings. In February 2024, he said it broke privacy laws by allowing the sharing of intimate images without the direct knowledge or permission of everyone depicted.

In a statement, Dufresne said he was seeking a Federal Court order to require Aylo to comply with Canadian privacy law.

“To date, Aylo has not adequately addressed the significant concerns that were identified in my investigation. Privacy is a fundamental right, and individuals must be protected,” he said.

A spokesperson for Aylo said in a statement it strongly disagrees with the Office of the Privacy Commissioner’s assertions and does not believe it’s in violation of Canadian privacy law.

“We have been in productive dialogue with the OPC since last year about the potential of a compliance agreement, so we are disappointed and surprised to see them take this action, and we will respond in due course,” said Alex Kekesi, Aylo’s vice-president for brand and community.

Dufresne launched a probe after a woman discovered her ex-boyfriend had uploaded an intimate video and other images of her to Aylo’s websites without her consent.

In February 2024, Aylo said the incident that prompted the woman to complain had occurred in 2015 and since then the firm has taken several steps to keep illegal material off the site.

Kekesi said in the Monday statement that some of the safeguards it has introduced include mandatory uploader verification, mandatory proof of consent and identification of all participants in content at upload, banning downloads of content, and expanding moderation workforce and processes, among others.

“These are significant steps forward in identifying, removing, and reporting harmful and illegal content,” Kekesi said.

(Reporting by David Ljunggren; Additional reporting by Ryan Patrick Jones; Editing by Lisa Shumaker and Lincoln Feast.)