Onlyfans: Controversial Issues in Light of European Law

Abstract

The Onlyfans service platform is a controversial website that hosts pornographic content from third parties, a large part of which are considered social prescribers -popularly known influencers-. Both these content creators and the platform monetize the different windows of exploitation under different formulas with unprecedented success. Access to the catalog of services offered by Onlyfans is simple, as it is enough to accept the terms of the agreement and the privacy policy of the platform. However, a careful analysis of these terms reveals abusive conditions for users, who sign an authentic blank check with the platform. In this article, the most controversial points of the service contract signed by users with Onlyfans are discussed in an eminently practical way. In particular, it focuses on: i) the delimitation and scope of consumer entity that Onlyfans users have; ii) the (editorial) responsibility that the platform has over the content it hosts, and iii) the fundamental rights of an Onlyfans account holder.. The analysis is completed with a review of the main challenges facing both the platform and its users - especially content creators - in light of the imminent legal changes that lie ahead in the European Union.