Pornhub dodges claims it harms children by exposing them to pornography

Two young men who say Pornhub exposed them to pornography as children failed to convince a federal judge that the Canadian company could be sued in Utah.(CN) — A federal judge on Friday dismissed class action claims by two Utah men who say their mental and sexual health was damaged after they were exposed to pornography at an early age on Pornhub.The plaintiffs, both men in their early 20s, accused Aylo Global Entertainment — the Montreal-based company behind Pornhub — and its subsidiaries of criminal child abuse by exposing a generation of American children to hardcore pornography on its websites for profit.But U.S. District Judge David Barlow found that the two men failed to establish the company could be sued in Utah.“Merely listing three Utah laws without analyzing how specific factual allegations in the amended complaint plausibly demonstrate each was violated is insufficient,” the Donald Trump appointee wrote. “Thus, plaintiffs have not met their burden to plead jurisdiction under Masha’s Law.”Masha’s Law is a federal statute that allows victims of child sexual abuse material to sue for damages.Barlow, a Donald Trump appointee, added that just because the defendants operated a business and website that reached Utah residents, the court did not necessarily have personal jurisdiction over a defendant that was not based in the forum state.The plaintiffs, identified only by their initials, said the defendants are liable for product liability, negligence and knowingly engaging in a sexual act with minors, among many other claims.“Defendants’ products stole their childhoods, leaving them addicted to material that warped their understanding of romantic love and isolating them in a world of shame and secrets for years,” the plaintiffs wrote in their March complaint.The plaintiffs had argued that the court had jurisdiction over the non-Utah defendants because of their connection to the plaintiffs in Utah. The plaintiffs say that Aylo substantially engaged with Utah residents through marketing, advertising, promoting subscription services, maintaining web traffic and collecting user data.But Barlow rejected this.“A website operator must do more than passively maintain a website that can be accessed in the forum state to subject itself to jurisdiction,” he wrote.An action aimed at a forum state must also do more than just involve residents, he ruled. Otherwise, website operators could be brought into any court, rendering territorial limits of personal jurisdiction meaningless, he said.In light of this, he ruled, the plaintiffs failed to meet the “minimum contacts” test.“The court cannot accept conclusory statements that the test is met based on cursory cites,” he wrote. “More is required from the party that bears the burden.”Barlow dismissed the complaint without prejudice. He did not decide whether Aylo was liable for those injuries.In addition to Pornhub, the defendants also operate other major adult websites, including YouPorn, RedTube and Tube8.“These platforms are part of defendants’ extensive network of free platforms, which collectively dominate a significant portion of the American and global online pornography market,” the plaintiffs said.These websites generate about half a billion dollars in annual revenue, about 50% of which is based in the United States, they claimed.Aylo Freesites Ltd., one of the defendants, is also suing the Utah state government over its age verification law for adult websites, which passed earlier this year. Barlow is also presiding over that case.It’s not the first time that Aylo has been challenged by the Utah government.An attorney from Venable LLP, the law firm representing Aylo Global Holdings, declined to comment.Attorneys for the plaintiffs did not respond to requests for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads