U.K. Pornhub probe puts online age checks under scrutiny as Canada advances its own rules

For Canadians, this raises questions about how age checks could work here. More specifically, what personal information users might have to share and which companies would handle it. Two federal bills propose requirements to verify or estimate users’ ages, but neither has become law.

What Ofcom is investigating

Under the U.K.’s Online Safety Act, adult websites such as Pornhub must use highly effective age checks to prevent children from accessing pornography.

Ofcom is concerned that Aylo may not have completed sufficient testing and due diligence before adopting its new process. The investigation concerns how Pornhub uses Apple’s signals, rather than how Apple operates its own age checks. At this point, no breach has been established.

Aylo says it will cooperate fully. In a statement, the company defended Apple’s device-based approach, arguing that it offers strong protection against minors accessing inappropriate content. Aylo restored Pornhub access for eligible, age-confirmed U.K. iOS users in May.

If Ofcom finds a violation, its general enforcement powers allow it to require corrective measures and impose a fine of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater. Those are potential penalties, not fines already imposed on Aylo in this case.

Canada’s proposals are moving forward

Bill S-209, the Protecting Young Persons from Exposure to Pornography Act, passed second reading in the House of Commons and was referred to committee on Oct. 28.

The bill would make it an offence for organizations to make pornography available online to people under 18 for commercial purposes. An organization seeking to defend itself on the basis that it believed a user was an adult would need to have implemented a prescribed age-verification or age-estimation method.

The government’s separate Bill C-34, the Safe Social Media Act, remained at second reading following debate on Oct. 28. It would require regulated services providing access to pornography to implement measures adequate to reduce children’s exposure. Canadian Heritage says its proposed framework includes user-uploaded adult-content services.

These proposals could add age checks to Canadians’ browsing experience, but they don’t establish that everyone would be required to upload a driver’s licence or passport. The methods accepted, the services covered, and the final requirements would depend on the legislation and accompanying regulations.

Proving your age carries privacy risks

Canada’s privacy commissioner supports age assurance as a way to improve children’s online safety, provided its privacy impact is proportionate to the risk being addressed.

The commissioner’s office warns that identification documents, biometric images and other information collected for age checks could be compromised in breaches or used for other purposes. Poorly designed systems could also identify previously anonymous users or allow activity to be tracked across services.

For consumers, this creates a potential financial risk if sensitive identifying information is exposed or misused.