If you aren’t aware of it yet, Mastercard has just decided to implement “new” rules for the companies that process credit card transactions for the adult industry. I have used quotes because while these are new rules for Mastercard, they are not new rules when it comes to producing content.
Here is a link to the AVN article -> https://avn.com/business/articles/legal/mastercard-will-require-banks-to-police-content-on-adult-sites-900348.html
And a link to the statement by Mastercard -> https://www.mastercard.com/news/perspectives/2021/protecting-our-network-protecting-you-preventing-illegal-adult-content-on-our-network/
While you may think that this does not affect you as a performer or content creator – it might, and it probably will. As the expression goes, “shit rolls downhill.”
NEW Requirements
Mastercard is now requiring their banks and credit card processors to insure that;
- Documented age and identity verification for all people depicted and those uploading the content
- Content review process prior to publication
- Complaint resolution process that addresses illegal or non-consensual content within seven business days
- Appeals process allowing for any person depicted to request their content be removed.
Requirements 2, 3 and 4 should not negatively affect content creators however, the first requirement will.
Though content reviews prior to publishing your content may slow down your ability to monetize your content.
Model Releases, 2257 Docs and IDs
As an attorney for several large platforms that allow content creators to upload, share and sell their content, my clients will need to implement requirements 2-4. Luckily, most of my clients have installed such policies after the situation that led to Pornhub losing their credit card processing.
However, the requirement that platforms document age and identity verification for all creators as well as performers in the content – has always been the law, but for the most part it has largely been ignored by most platforms. Many platforms do not require content creators to upload the necessary “paperwork” when they upload content.
18 U.S.C. 2257 requires that for each and every separate and distinct scene produced, content creators inspect, categorize, cross-reference and store copies of every performer’s identification document as well as what is known in the industry as a “2257 Doc.”
Further, for every 2257 Doc and ID there should be an accompanying model release signed by all the performers featured in the content.
If you are a content creator and do not have a 2257 Doc, an ID and a model release from each of the performers in all of your scenes – well – you don’t have the rights to distribute that scene, you’re also violating a federal law which carries an imprisonment term for up to 5 years and have opened yourself up to a lawsuit from the performers in your content.
And now – the platform where you have posted your content might force you to remove it.
Mastercard’s “new” rules places a substantial burden on the banks to police the platforms who will then need to police the content and in turn police you – the content creator.
There is no timeline stated by Mastercard on how long they will require their processors and platforms to be compliant with their new regulations. I suspect that this will begin to occur rather quickly since losing credit card processing could spell the end of a platform. A platform that cannot accept Mastercard has lost 50% of its business. I would not be surprised if VISA soon issues a similar “new” policy though.
Therefore, I would assume that many large platforms that accept Mastercard will start auditing their content creators shortly and asking for copies of such documents.
REVIEW YOUR DOCS
If you have not had an attorney review your model releases, 2257 Docs and IDs, it is time for someone to do so to ensure that your content is compliant. Again, as an attorney for large platforms, I will be instructing my clients to begin auditing the accounts of content creators for compliance. If a content creator does not have the necessary model releases and 2257 Docs and IDs, their account will probably need to be paused and possibly terminated for not providing the documentation.
Before that happens to you, you would like to be able to remove any content where you have failed to secure the necessary docs.
AdultBizLaw.com 
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