Definition
Online content describing or depicting things of an intimate nature. Depending on cultural context, this may include nudity, parts of the body not generally exposed in public, sexually explicit material, or depictions of sex acts. May also include offensive, graphic, or violent content, or association with content or commerce involving gambling, sex, medical procedures, or recreational drug use.
Background
Explicit content refers to material that depicts or describes sexual acts, excessive violence, or other adult themes in a graphic and detailed manner. While such content may be permissible and appropriately regulated on certain platforms aimed at adults, it often violates the community standards of general social media sites, link aggregators, online forums, and other online spaces accessible by a broader audience, including minors. Moderating explicit content, or implementing age verification or age assurance is essential to protect users, particularly young or sensitive individuals, from potentially harmful or inappropriate material, and to comply with various jurisdictions’ laws about access to explicit content.
National and Regional Approaches
Establishing clear definitions of what constitutes explicit content, considering cultural differences and contextual nuances, means that server rules or community guidelines may need to comply with specific countries’ laws if your service is available to users in that country.
Australia
The Online Safety Act 2021 includes provisions to enhance online safety, including the regulation of explicit content. The eSafety Commissioner has powers to issue take-down notices for explicit content shared without consent. Additionally, platforms are expected to comply with content classification standards to protect minors from harmful material.
Brazil
The Marco Civil da Internet provides a legal framework for internet governance, including liability for platforms hosting explicit content without consent. The focus is on protecting privacy and human dignity, with explicit content being regulated under civil rights frameworks. Platforms are encouraged to act swiftly to remove non-consensual explicit content to avoid penalties.
Canada
Canada’s Criminal Code provisions on obscenity and child exploitation material apply online, with platforms being liable for hosting illegal content. The Protecting Canadians from Online Crime Act focuses on cyberbullying and non-consensual sharing of intimate images, categorizing such content as criminal. Canadian law emphasizes the removal of illegal explicit content and cooperation with law enforcement.
Germany
Under the Network Enforcement “NetzDG” law, social networks with more than two million registered users are required to remove “manifestly unlawful” content within 24 hours of receiving a complaint. While the law focuses on hate speech, it also impacts how platforms manage explicit content, pushing for quick removal of illegal material. Germany’s strict youth protection laws (Jugendschutz) apply online, prohibiting the distribution of explicit content to minors and requiring age verification systems.
India
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, require platforms to moderate and remove content that threatens the decency or morality of the public, which includes explicit content. The rules mandate platforms to establish mechanisms for user complaints and take down explicit content within 36 hours of being flagged.
Japan
Japan’s approach to explicit content online includes regulations against the distribution of obscene materials, as defined by Article 175 of the Penal Code. However, enforcement focuses more on visual depictions of genitalia, leading to content being censored. Platforms operating in Japan must navigate these legal restrictions while managing user-generated content.
South Korea
The Korea Communications Standards Commission regulates online content, including explicit material. Platforms are required to remove or filter harmful content, including sexually explicit material, to protect minors. The KCSC can order the deletion of content or the blocking of access to websites that violate these standards.
United Kingdom
The UK’s Digital Economy Act 2017 aimed to introduce age verification for accessing pornographic material online, although implementation has been challenging. The Online Safety Act 2023, which is broader, seeks to make platforms more accountable for the safety of their users, including measures against explicit content that could harm children.
Challenges
Implementing effective age verification mechanisms to prevent underage users from accessing adult content, without infringing on privacy.
Ensuring that all parties depicted in adult content have consented to its creation and distribution, and that the content does not promote or glorify non-consensual acts or sexual violence.
Respecting the privacy and autonomy of adults to access or produce explicit content within legal and consensual bounds, provided it does not violate platform policies.
Preventing the spread of non-consensual explicit content, which can cause significant harm to the individuals involved.
Recognising and respecting cultural variations in norms and attitudes towards sexuality and violence, which can impact content moderation policies and practices.
Example Rules
Moderate
Content that displays mild nudity for artistic or educational purposes may be posted, provided it is accompanied by appropriate content warnings and access restrictions to ensure it is not viewed by underage users. Any depiction of sexual acts, graphic violence, or explicit language intended to shock or offend is prohibited.
Strict
We prohibit the posting of content that includes explicit sexual content, detailed violence, or graphic depictions of bodily harm. Artistic or educational content that contains nudity or discusses adult themes must not be sexually suggestive and must be clearly marked as NSFW, with access controls to prevent viewing by minors.
Strictest
Any content that contains nudity, sexual references, or violence, regardless of context, is strictly forbidden on our platform. This includes text, images, videos, and links to external sites with such material. There are no exceptions for educational, artistic, or medical content.
Discussion
Discuss this label in the Explicit Content forum.
