On December 29, 2020, Siskinds, Desmeules Avocats, the Quebec firm affiliated with Siskinds LLP, in collaboration with Sotos Class Actions, commenced a proposed class action against MindGeek entities.
The proposed class action alleges that MindGeek, the parent company popular pornography websites such as Pornhub, illegally disseminated intimate videos and photos including child sexual abuse material, sexual assaults, as well as intimate images of person who did not consent to the public dissemination of their images (hereinafter the “nonconsensual content”).
MindGeek is alleged to have monetized the nonconsensual content while failing to implement adequate policies and procedures to ensure that no nonconsensual content is found on their Websites, including employing enough properly trained content moderators to review, screen and remove the nonconsensual content on its Websites, that was uploaded by users.
The proposed class action seeks a minimum of $600 million in compensation for all persons worldwide who, since 2007, had intimate videos or photos (including child sexual abuse material, images of sexual assault and nonconsensual intimate images) posted without their consent to a website owned or operated by one of the MindGeek entities, either directly or indirectly.
Think you may be a member of this class action or know someone who might be? Any information shared with us will remain confidential.
Need more information?
Please email [email protected] or call us at 418.694.2009 or toll-free at 1.877.735.3842.
Developments
The MindGeek class action is in the early stages of the proceedings. At this time, no action has been authorized by the court. At the authorization stage, the court will determine whether the action should properly proceed as a class action.
You can view a copy of the second amended application for authorization to institute a class action here (English, French).
To preserve the anonymity of the representative, an application was filed to be authorized to use a pseudonym, which can be viewed here (English, French).
FAQs
What is a Class Action?
A class action is a lawsuit brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the Abuse and Non-Consensual Content on Pornhub?
All persons, since 2007, who had intimate videos or photos (including child sexual abuse material, images of sexual assault and non-consensual intimate images) posted without their consent to a website owned or operated by one of the MindGeek entities, either directly or indirectly.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the proposed class action unless you “opt out” (exclude yourself from the class action).
Can I exclude myself from the class action?
Yes. If the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring an individual action. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.
I still have questions. Who should I contact?
If you have any other questions, please complete the Get in Touch form below.
Documents
Application for authorization to institute a class action – December 29, 2020 (English, French)
Application for leave to use a pseudonym– December 29, 2020 (English, French)
Amended application for authorization - November 29, 2021 (English, French)
Second amended application for authorization - June 27, 2024 (English, French)