Vancouver Sun

Forty women sue Montreal-founded firm behind Pornhub

`DECEPTIVE, COERCIVE, AND THREATENIN­G BEHAVIOUR'

- MARTIN PATRIQUIN

Agroup of 40 women, including three Canadians, is suing MindGeek, saying the Montreal-founded company behind Pornhub made millions from sex videos published on the site without their consent.

The videos in question, filmed by former MindGeek content partner Girls Do Porn, amount to sex traffickin­g, the lawsuit alleges. The women further allege that MindGeek knowingly left the videos on the site even after it knew Girls Do Porn “was traffickin­g its victims by using fraud, coercion, and intimidati­on as part of its customary business practices to get the women to film the videos.”

The suit alleges that MindGeek, which owns a host of pornograph­y sites and is headquarte­red in Luxembourg, “has incorporat­ed dozens of subsidiari­es for the purpose of avoiding liabilitie­s.” MindGeek chief legal officer Anthony Penhale didn't respond to a request for comment.

The lawsuit further alleges that MindGeek's ostensibly separate corporate entities essentiall­y operate as one, and exist in part to ” hide the identity of the entities and individual­s behind its corporate actions.” Neither Feras Antoon nor David Tassillo, MindGeek's Montreal-based CEO and CFO, respective­ly, responded to a request for comment.

It seeks more than US$1 million for each plaintiff for compensato­ry damages, and over US$1 million per plaintiff for punitive damages, as well as “restitutio­n for all moneys MindGeek earned marketing, selling and exploiting” videos in which they are featured.

The company has faced scrutiny recently after a series of media reports, including a New York Times column published earlier this month that focused on traffickin­g victims' stories of having videos of them circulate via MindGeek's sites. That led Pornhub to impose new measures it said would improve safety and transparen­cy on the site, including limiting video uploads to verified users.

The Times column prompted Mastercard to announce it would no longer let its payment cards be used with Pornhub, after conducting an investigat­ion, and Visa has halted the use of its cards pending an investigat­ion of its own. While many applauded the measures, some sex workers raised concerns about how the payment companies' decisions would affect their livelihood­s.

Meanwhile, Heritage Minister Steven Guilbault told The Logic this month the federal government will bring in new regulation­s in early 2021 to ensure “platforms are respecting our laws and regulation­s” with respect to harmful online content. “Fines could be imposed in the millions of dollars. We're not talking about a slap on the wrist.”

According to the lawsuit, filed in a California court Tuesday, Girls Do Porn became a content partner with MindGeek in 2011. Girls Do Porn had a dedicated channel on Pornhub, the popular pornograph­y tube site, in which it promised subscriber­s “real amateur girls having sex on video for the very first time.” By the fall of 2019, the channel had over 700,000 subscriber­s, and its 70 videos were viewed nearly 700-million times.

Earlier this year, a California state judge ruled that the Girls Do Porn employees used “deceptive, coercive, and threatenin­g behaviour” in the production of the videos. In many cases, the women responded to modelling gigs on Craigslist, only to be convinced to perform sex acts with promises that the videos wouldn't be put on the Internet.

The lawsuit against MindGeek adds further alleged details to the scheme. “Some of GirlsDoPor­n's videos depict victims who are in visible distress, including, in some instances, bloodstain­ed sheets and condoms. In other videos, tracks of the victim's tears can be seen in the victim's makeup — the victim obviously having been in tears while the camera was not rolling or having been edited out by GirlsDoPor­n. In some videos, furniture can be seen piled in front of the hotel room door,” it reads.

Brian Holm, one of the attorneys representi­ng the women, told The Logic in October that his clients began petitionin­g Pornhub to remove the videos in 2015. Many of the women hired third-party “takedown companies,” which sent “hundreds, if not thousands” of requests asking MindGeek to remove the videos, according to the lawsuit.

“That's what I am trying to explain is that I did not consent to being online!!! :(((( me and other girls are being brutally harassed,” wrote Jane Doe No. 36, a Canadian, in January 2016. She later informed the company that she and her boyfriend were in therapy because of the videos.

Yet the lawsuit alleges the videos remained on Pornhub and other MindGeek-owned sites. “MindGeek simply did not care and continued to partner with GirlsDoPor­n until it was no longer profitable because of the indictment­s and arrests,” reads the lawsuit.

Six people, including GirlsDoPor­n principals Michael Pratt, Matthew Wolfe and Andre Garcia, were indicted on federal sex-traffickin­g charges in the fall of 2019. In January, a San Diego state court judge found that the three men relied on “deception and coercion” to obtain models' consent, and awarded the nearly two dozen victims more than US$12.7 million in damages.

Garcia pleaded guilty to sex-traffickin­g charges in January. Both he and Wolfe remain behind bars. Pratt, who was also charged by a grand jury with production of child pornograph­y in January 2019, is currently on the FBI's Most Wanted list.

Pornhub said it removed the videos in question in 2019, following the charges. Yet as The Logic recently reported, some of the GirlsDoPor­n material was still available as recently as two months ago. It was removed shortly after The Logic brought it to the company's attention. There is another Canadian connection in the lawsuit. The 43-page document notes that Ottawa-based Shopify powers Pornhub Apparel, which sells Pornhub-branded clothing and sex toys. A Shopify representa­tive did not return a request for comment.

 ?? THE CANADIAN PRESS ?? The Montreal-founded company behind Pornhub is being sued by women who say their images were published without their consent.
THE CANADIAN PRESS The Montreal-founded company behind Pornhub is being sued by women who say their images were published without their consent.

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