In a stunning exchange during a Senate committee hearing, Australian Senator Matt Canavan pressed representatives from the Australian Communications and Media Authority (ACMA) to clarify why Pornhub would not be subject to restrictions under Section 63C of the Social Media Minimum Age Bill.

The section imposes age restrictions on platforms categorized as social media or video-sharing services under the guise of protecting children from harmful content.

During the questioning, Senator Canavan asked: If YouTube falls under the law as a video-sharing platform, why wouldn’t Pornhub, which also hosts user-uploaded video content?

“Just explain to me in simple terms how it would work if YouTube is covered: how would another video-sharing service with explicit material not be covered?” Canavan asked.

ACMA representative James Chisholm responded that the law differentiates based on the platform’s “sole or significant purpose.”

“The first thing of 63C, 1(a), is that the platform’s sole or significant purpose is to enable online social interaction,” a representative explained.

“We wouldn’t see Pornhub as falling within the scope,” Chisholm said. “It’s not seen as a social media platform.”

Canavan continued to press for clarity, pointing out the vagueness of the law: “If YouTube is categorized or covered by 63C… how are these two services different?”

Chrishold conceded that Pornhub is subject to other regulations but reiterated the platform does not meet the bill’s definition of a social media platform.

Canavan went on to say: “I’m trying to understand here; it’s very vague and unclear to any reasonable person about what’s in and what’s out.”

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