this post was submitted on 05 Feb 2025
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chapotraphouse
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I could be wrong, but Reddit isn't a "producer" or a "secondary producer" of content because they do not have "other commercial interest in the sexually explicit material" and are strictly engaging in "the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230 (c)) shall not constitute such selection or alteration of the content of the communication".
[Edit] However, they are incentivized to ensure that they are not hosting CSAM because it is a crime to transmit that material. The language around what constitutes "transmission" is pretty broad. [/Edit]
Reddit hosts explicit content, including pornographic content, but they do not promote that content, they do not run ads on that content, and they could argue that they do not profit from that content explicitly as part of their business model. They are simply providing people with the ability to transmit communications on a wide range of "explicit" or "sensitive" material and, as such, do not need to keep records of anything relate to 2257 and do not need to do hard age verification. If you notice, you do not have the option to say "I am over the age of 18" on your profile. You can simply opt in to flagging your profile as 18+ or flag your post, or flag your Subreddit as 18+. People can then opt in to seeing that content. Which they might argue is a form of age verification, since they state that the content they are opting into is for people 18 or older.
Any user posting explicit material on Reddit though would be subject to these laws, and I think by extension anyone moderating a community that deals in explicit content would also be subject to these laws.
But I'm not a lawyer.