National
OnlyFans reverses decision to ban sexually explicit content
LGBTQ performers part of backlash against restricting porn
The London-based website known as OnlyFans, which has at least 130 million users and more than 2 million people who create and sell content on the site, including sexually explicit performances, announced on Wednesday that it has reversed a decision made less than two weeks earlier to ban sexually explicit content on its site beginning in October.
The reversal came after a groundswell of opposition to the proposed ban surfaced from its performers and customers, many of whom are members of the LGBTQ community who, like their straight counterparts, used the site to generate income over the past year and a half during the COVID pandemic.
OnlyFans stated at the time it announced on Aug. 19 its earlier plan to ban sexually explicit content that it did so in response to concerns raised by banks and credit card companies that in recent years have threatened to stop processing payments to adult websites.
“Thank you to everyone for making your voices heard,” OnlyFans said in a statement released on Wednesday, Aug. 25.
“We have secured assurances necessary to support our diverse creator community and have suspended the planned October 1 policy change,” the statement says. “OnlyFans stands for inclusion, and we will continue to provide a home for all creators.”
When asked by CNN whether OnlyFans’ use of the word “suspension” to halt its planned ban on sexually explicit content means that it could reinstate the ban at a later date if credit card companies continue to raise objections, OnlyFans replied by stating, “The proposed October 1, 2021, changes are no longer required due to banking partners’ assurance that OnlyFans can support all genres of creators.”
An official with the Free Speech Coalition, which serves as an adult industry trade association, told the Washington Blade a policy by OnlyFans to ban sexually explicit content from its site would have an especially harsh impact on the most vulnerable groups, including LGBTQ people, that rely on the site and other similar sites to earn a living through sex work.
Mike Stabile, the Los Angeles-based Free Speech Coalition’s director of public affairs, said sites like OnlyFans have enabled sex workers to generate a substantial income by performing from their homes rather than working on the streets, in providing content to “fans” or customers who pay them directly to view their performances.
“These platforms have enabled them not just to survive but build equity and thrive,” Stabile said.
In an Aug. 19 statement, Free Speech Coalition said OnlyFans and other sites providing adult content have been targeted over the past two years by conservative religious groups and churches that the coalition says have falsely attempted to link adult websites to sex trafficking of children.
Stabile told the Blade that adult sites have longstanding safeguards in place that prevent sex traffickers from placing content on their sites. He said during the past two years in which the controversial federal law passed by Congress to hold adult sites liable for sex trafficking, known as SESTA-FOSTA, has been in effect, the law has rarely been used to prosecute sex traffickers and has yet to be used to shut down any of the sites used by consenting adults.
He noted that prior to the time SESTA-FOSTA took effect, prosecutors used existing statutes to shut down Backpage, an adult site widely used by sex workers to interact with customers on grounds that the site allegedly allowed sex traffickers to use the site.
Around that same time, Craigslist on its own removed all “personal” classified ads from its site, saying it could not risk being held liable for allegations of sex traffickers using its personal ads under the SESTA-FOSTA law, even though Craigslist prohibited its site from being used for sex trafficking or any nonconsensual practices.
While no credible evidence has emerged that adult sites are in any way allowing sex traffickers to use those sites, Free Speech Coalition has said conservative religious groups that oppose all sex work and want to ban all pornography on the Internet have begun to put pressure on banks and credit card companies to stop servicing the adult sites.
Stabile points out that studies have shown that far more sex traffickers have succeeded in slipping through safeguards to prevent them from posting on sites with Facebook and Twitter than with the adult sites. No online platforms can be 100 percent effective in preventing a few traffickers from getting on their sites, Stabile said, but the anti-trafficking groups hold the adult sites to a greater degree of blame than mainline sites like Facebook.
The adult sites have stated repeatedly they will cooperate with law enforcement officials to identity and help prosecute sex traffickers who target underage people.
“Banks and credit card companies are risk-averse institutions, easily scared by potential bad publicity,” Free Speech Coalition says in its Aug. 19 statement. “Religious groups know this and have made no secret of targeting them in their quest to eliminate sex workers altogether,” the statement says.
“In doing so, companies like Mastercard have become enablers of these anti-porn, anti-LGBTQ, misogynist groups,” the statement continues. “Companies like Mastercard are now accomplices in the disenfranchisement of millions of sex workers, complicit in pushing workers away from independence into potentially more dangerous and exploitative conditions.”
A Mastercard spokesperson told CNN earlier this week that it was not involved in OnlyFans’ initial decision to ban or restrict sexually explicit content from its site.
“It’s a decision they came to themselves,” spokesperson Seth Eisen told CNN.
But Free Speech Coalition and other adult industry advocates point to a Mastercard policy announced in April that requires adult sites to put in place strict safeguards to prevent “illegal content” from being uploaded on their sites. Stabile noted that the new policy comes shortly after Mastercard and other credit card companies stopped servicing Pornhub, the largest of the adult sites after allegations surfaced that sex traffickers were using that site.
These developments have had a chilling effect on the adult sites and sex workers who rely on them to support themselves financially, adult industry advocates have said.
Cyndee Clay, executive director of the D.C. sex worker advocacy group HIPS, which provides support for local gay and trans sex workers, said the OnlyFans decision to ban sexually explicit content from its site, if left in place, would have an especially harmful impact on D.C. sex workers.
“The OnlyFans announcement comes as yet another devastating blow to sex workers’ ability to work and care for themselves and their families in an industry already full of stress and hardship during the pandemic,” Clay told the Blade before OnlyFans reversed its decision.
“Under the threat of SESTA/FOSTA and when platforms like Backpage went down, HIPS saw a 100 percent increase in street-based sex work, because folks turned back to the streets to survive when safer, more autonomous online options were taken away,” Clay said. “We haven’t outlawed all house cleaning services because of a few documented instances of forced domestic trafficking,” she said.
Clay, like officials with the Free Speech Coalition, pointed out that OnlyFans, which launched its site in 2016, became a multimillion-dollar operation through the income it generated by sex workers and their online customers who used the site far more than any other “fans” or content creators.
When it announced its decision to ban or restrict sexually explicit content from its site, OnlyFans said the decision was based in part on concerns raised by banks and credit card companies as well as on its efforts to secure funding from investors who are reluctant to be associated with companies that provide sexually explicit material.
“In order to ensure long-term sustainability of the platform, we must evolve our content guidelines,” OnlyFans said in a statement last week.
“Sites like OnlyFans provided a safer online option for many sex workers during the pandemic,” said HIPS director Clay before OnlyFans reversed its earlier decision. “OnlyFans was a harm reduction alternative for sex workers who were trying to be safe by avoiding personal contact, working in clubs, or working the streets,” she said. “It’s immoral that we are now punishing sex workers for these efforts by taking away this platform.”
Matt Lownik, an OnlyFans performer who lives in London, contacted the Blade to express his concern about the OnlyFans initial decision to ban sexually explicit content before the company reversed the policy change.
Lownik said he currently has 144,000 followers on OnlyFans, one of its rival sites called JustForFans, and on a Twitter account.
“There are performers all across the world who use OnlyFans, and a huge number across the U.S.,” he said. “I’ve met several performers who live in or near D.C., but I would say the majority that I’ve met are from New York or Los Angeles,” he told the Blade.
He said the fees that performers charge for their subscribers vary widely, but most charge approximately $10 to $15 per month, with many performers having dozens or hundreds of subscribers. He said OnlyFans takes a cut of 20 percent of its performers’ earnings.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
National
Glisten’s 30th annual Day of Silence to take place April 10
Campaign began as student-led protests against anti-LGBTQ bullying, discrimination
Glisten’s 30th annual Day of Silence will take place on April 10.
The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth.
It takes place annually and has multiple ways for supporters to get involved in the movement.
Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence.
There are three main ways for the community to get involved in the Day of Silence.
Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…”
Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link.
Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence.
Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence.
“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
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