Houston Chronicle

OnlyFans is a pimp, unsafe for ‘sex work’

- By Catharine A. MacKinnon MacKinnon is a lawyer, scholar, writer, teacher and activist. She teaches law at the University of Michigan and Harvard Law School and works for sexually violated people around the globe. This piece was originally published by th

We are living in the world pornograph­y has made. For more than three decades, researcher­s have documented that it desensitiz­es consumers to violence and spreads rape myths and other lies about women’s sexuality. In doing so, it normalizes itself, becoming ever more pervasive, intrusive and dangerous, surroundin­g us ever more intimately, grooming the culture so that it becomes hard even to recognize its harms.

One measure of this success is the media’s increasing insistence on referring to people used in prostituti­on and pornograph­y as “sex workers.” What is being done to them is neither sex, in the sense of intimacy and mutuality, nor work, in the sense of productivi­ty and dignity. Survivors of prostituti­on consider it “serial rape,” so they regard the term “sex work” as gaslightin­g.

“When “the ‘job’ of prostituti­on is exposed, any similarity to legitimate work is shattered,” write two survivors, Evelina Giobbe and Vednita Carter. “Put simply, whether you’re a ‘highclass’ call girl or a street walkin’ ho, when you’re on a ‘date’ you gotta get on your knees or lay on your back and let that man use your body any way he wants to. That’s what he pays for. Pretending prostituti­on is a job like any other job would be laughable if it weren’t so serious.”

“Sex work” implies that prostitute­d people really want to do what they have virtually no choice in doing. That their poverty, homelessne­ss, prior sexual abuse as children, subjection to racism, exclusion from gainful occupation­s or unequal pay plays no role. That they are who the pornograph­y says they are, valuable only for use in it.

Pornograph­y’s power became clear again last month, when OnlyFans, the London-based subscripti­on service, announced that it would ban the “sexually explicit” from its platform, before abruptly reversing course amid criticism.

“OnlyFans has been celebrated for giving adult entertaine­rs and sex workers a safe place to do their jobs,” Bloomberg News observed. According to the ACLU, longtime defender of pornograph­y, “When tech platforms like OnlyFans see themselves as arbiters of acceptable cyber speech and activity, they stigmatize sex work, making workers less safe.” On the contrary, it is the sex industry that makes women unsafe. Legitimizi­ng sexual abuse as a job makes webcamming sites like OnlyFans particular­ly seductive to the economical­ly strapped.

OnlyFans became a household name during the pandemic, when demand for pornograph­y skyrockete­d. People started living their lives online, domestic violence exploded, women lost their means of economic survival even more than men, and inequaliti­es increased. OnlyFans, niche pornograph­y as mediated soft prostituti­on, was positioned to take advantage of these dynamics.

OnlyFans has been to convention­al pornograph­y what stripping has been to prostituti­on: a gateway activity, sexual display with seeming insulation from skin-on-skin exploitati­on, temporary employment for those with their financial backs against the wall and few if any alternativ­es. It offers the illusion of safety and deniabilit­y for producer and consumer alike.

But the outcry over the proposed ban made clear that only explicit sex — mostly, the sexual consumptio­n of feminized bodies, usually female, gay or trans — sells well in pornograph­y’s world. As Dannii Harwood, the first so-called content creator on OnlyFans, told The New York Times, “Once subscriber­s have seen everything, they move on to the next creator.” Empirical research has also documented that dynamic.

Though OnlyFans said its motive for the now-retracted ban was to comply with the policies of credit card companies that process payments on the platform, there is some reason to think that the platform was trying to get ahead of its Pornhub moment. Allegation­s have already been made of inadequate screening for incest, bestiality and child sexual abuse.

A complaint recently filed in Korea alleged that OnlyFans hosted videos of minors. (OnlyFans has said the company “does not tolerate any violations of our policies and we immediatel­y take action to uphold the safety and security of our users.”) There is no way to know whether pimps and trafficker­s are recruiting the unwary or vulnerable or desperate, or coercing them offscreen, and confiscati­ng or skimming the proceeds, as is typical in the sex industry. OnlyFans takes 20 percent of any pay, its pimp’s cut.

Silent in the discussion of OnlyFans’s proposed rule is whether preventing underage youth from being used on the site has ever been possible. Prepubesce­nt children, maybe. But almost anyone past the onset of puberty can be presented as a so-called consenting adult. Most women enter the sex industry underage, their vulnerabil­ity central to their appeal hence marketabil­ity.

Children cannot be protected from sexual exploitati­on as long as pornograph­y is protected and prostituti­on of adults is tolerated, because these are the same group of people at two points in time, sometimes no more than one day apart, sometimes at one and the same time — children presented as adults, adults presented as children.

Equally missing in the conversati­on is any concern for people who have been forced, pimped or deceived, or had their intimate pictures stolen. Much of the commentary on OnlyFans’s once-proposed rule wails that the consumer should have the right to buy what the producer should have the right to sell. Meanwhile, the coerced, violated, exploited and surveilled have no effective rights against being bought and sold against their will.

As long as the violated lack effective rights and equality based on sex, ethnicity and gender, survivors of abuse through these sites — including Pornhub and SeekingArr­angement and sites adjacent — will be exposed to theft, coercion and all manner of unauthoriz­ed expropriat­ion of their sexuality.

Some U.S. states appear to offer legal recourse for people whose sexual materials have been made or shared without their permission. But in reality few provide usable or effective ways to deal with the materials themselves. Even in California, which has some of the better protection­s, legal requiremen­ts fail to reflect many of the conditions under which these visuals are made and distribute­d.

This year, California State Senator Dave Cortese of San Jose, in Silicon Valley, introduced a workable and effective bill that adapts the best features of copyright, libel and traffickin­g law to solve this problem. If passed, it would create a civil legal claim for victims of online sex traffickin­g — naked or sexual visuals of minors or of adults who were coerced or tricked, or victims of theft. Once notice is given, the trafficker would have to take the materials down or pay $100,000 for every two hours they remained accessible.

This law could be passed anywhere. Anyone who was sex trafficked this way could sue to stop materials created or distribute­d without permission. Those who are supposedly acting freely in this space — as the press onslaught franticall­y assures us that OnlyFans “sex workers” all are — and those who are not would finally have some real protection, giving their vaunted freedom of action a foothold in reality, reducing pornograph­y’s power to make our world.

 ?? Gabrielle Lurie / San Francisco Chronicle ?? A content creator displays the app OnlyFans on Tuesday in San Francisco. OnlyFans, which is niche pornograph­y seen as mediated soft prostituti­on, has profited during the pandemic.
Gabrielle Lurie / San Francisco Chronicle A content creator displays the app OnlyFans on Tuesday in San Francisco. OnlyFans, which is niche pornograph­y seen as mediated soft prostituti­on, has profited during the pandemic.

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