Believe it or not, there was once a time when the internet wasn't a big part of most people's lives. Back in the days of dial-up modems and AOL, legislation was created to govern the new digital world. One of the most important regulations enacted was Section 230 of the Communications Decency Act (CDA).
Among other things, Section 230 offers protection for online platforms from the things their users post and upload. The CDA was struck down by the U.S. Supreme Court in 1997, but Section 230 survived. Frequently cited in internet-based legal actions, Section 230 is repeatedly used as a shield against litigation for online content providers of all kinds.
MindGeek S.A.R.L., also known as MindGeek USA Incorporated, was the parent company of one of the world's largest online pornography empires for a decade. On March 7th, 2025, they presented arguments to support their motion to dismiss against individual plaintiffs accusing MindGeek of trafficking in child pornography. MindGeek faces a class action suit for similar accusations.
Uploading Trouble
Section 230 was intended to keep internet service providers (ISPs) from being completely overwhelmed with decisions over content posted on their sites. While the intent to provide a path to economic viability for companies in the fledgling industry was noble in intent, Section 230 has also caught its share of criticism for being too permissive on subjects such as hate speech, online bullying, and revenge porn.
Each ISP can set its own restrictions for what can be posted or uploaded to the platform. These terms of service can go far beyond the limited rules offered by Section 230.
The lawsuit MindGeek is seeking to have dismissed was filed by Serena Fleites, who chose to reveal her identity. Fleities charges that through their pornography websites, the company knowingly allowed the upload of child pornography. She asserts that employees of these sites aided in the spread of child porn by assisting those presenting the videos in selecting tags, categories, and titles that would make finding them easier.
The suit argues that facilitating a known illegal product no longer qualifies as a "neutral tool" under Section 230. The plaintiff alleges that MindGeek knew exactly what it was doing and made it company policy because it was incredibly profitable. Videos removed for illegal content were regularly permitted to be reposted, and employees of MindGeek oversaw every video.
In the sixteen-count lawsuit, Fleites accuses the defendants of conspiracy, trafficking, false light, and several other offenses. Sexually explicit videos featuring her were uploaded to MindGeek sites when she was 13 years old. She's seeking injunctive relief and compensation that includes punitive damages.
Kings of the Online World
From 2013 until 2023, MindGeek was one of the titans of online pornography. Sites like PornHub, RedTube, and YouPorn were some of the most-visted sites. The majority owner was Bernd Bergmair. CEO Feras Antoon and COO David Tassillo were minority owners. All are named in the suit, along with Visa and two capital management companies.
In 2023, MindGeek was acquired by a Canadian private equity firm called Ethical Capital Partners. It rebranded MindGeek's holdings into Aylo.
In their argument, MindGeek's attorney leaned heavily on the protections provided by Section 230. Insistent that they were not content providers, MindGeek's stance is that they neither produced nor uploaded the illegal materials. U.S. District Judge Wesley Hsu's line of questioning indicated skepticism for that defense.
MindGeek has also sought dismissal against the class action suit under a different judge. They were not successful. The class action suit was later shifted to Judge Hsu. No date for a ruling has been released yet.
Related Resources
- Child Pornography Laws (FindLaw's Criminal Charges)
- What To Do About CDA Section 230 and ISP Immunity? (FindLaw's Technologist)
- Understanding the Legal Issues for Social Networking Sites and Their Users (FindLaw's Modern Law Practice)
