May 26, 2022

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Calls For Regulations In The Amateur Porn Industry After Two Creator Getaways

Calls For Regulations In The Amateur Porn Industry After Two Creator Getaways

The two getaways were marred in controversy bringing a light to the unregulated industry

There are calls for regulations in the amateur porn industry after two creator getaways were marred in controversy.

Calls For Regulations In The Amateur Porn Industry After Two Creator GetawaysThe largely unregulated nature of the amateur online porn industry came to light after two events organised by creators ended in allegations of harassment and assault.

As a result of this, many adult content creators say, the burgeoning world of amateur porn needs to change to ensure its creators’ safety.

LAWS, RULES AND CULPABILITY

One of the reasons for regulation is because of what happens in the case of sexual assault or harassment allegations.

With lost monies to creators, issues between creators, and other factors brought into question, it does ask who is liable in the event of such goings on?

Is it the event planners who are liable, because they sourced the location, set up the event, and hosted the event, as well as the perpetrator of the alleged crimes?

Another reason for culpability results from one case where an unchecked male had unprotected sex and issued false results in order to partake in one of the events.

If suing were to occur because of loss of earnings, whether through criminal or civil proceedings, there would be accountability and liability, and agreements must cover this.

There should be contracts in place, enforced, checked, and reported to a governing body for any breaches as such.

In the case of the man issuing a failed check, his details should be held on a system to be cross-referenced for safety in future events, with a problematic marker to state what has occurred previously.

This could also include a ‘creator rating system’ where creators rate others based on collaborations and events that have occurred previously and the likelihood that they would be invited to further events.

ALLEGATIONS

The recent allegations have stood out in what has become a thriving – and increasingly complex – industry built primarily on OnlyFans.

OnlyFans is a subscription platform that was started in 2016 and has jump-started an entrepreneurial movement among adult content creators.

Creators, as they are known in the industry, can easily earn hundreds of thousands of dollars a year often by conceiving, starring in, producing and even distributing their own videos.

Unlike traditional adult performers who are hired by studios, creators can end up doing everything needed for any given scene, like lighting and filming, angles and actors.

ONLINE PLATFORMS AND FREEDOMS

Sex workers who use online platforms like OnlyFans say they have more control over their content than if they were employed by a traditional porn company.

That also means working without the norms of the industry, such as rules and practices.

Though OnlyFans requires both creators and fans, to agree to and adhere to its terms of service, the site does not monitor off-platform behaviours.

Creators don’t always adhere to regular testing for sexually transmitted infections or to legal agreements that traditional porn companies would often facilitate.

But now, some OnlyFans creators want to make this as standard.

ORIGAMI CAMP & HAUNTED CRÈME HOUSE

In late September, a dozen OnlyFans creators rented an Airbnb in Washington for a collaborative trip dubbed ‘Origami Camp’ to perform and help film explicit scenes together.

In Late October, another group of 16 creators rented a mansion in Florida for a similar themed event they called ‘Haunted Crème House.’

Within the videos posted on social media, the creators portrayed the trips as a tight-knit friendly group getaway.

Throughout the events, they posted behind-the-scenes footage on TikTok to promote their collaborations which included anything from cuddling after sex to posting in coordinated group costumes.

HARASSMENT AND SEXUAL ASSAULT

Creators from both events have since spoken out about alleged harassment and sexual assault by other creators that took place during the trips.

Some in the industry say the dispute indicates widespread lack of safety protocols and understating of consent in amateur pornography like OnlyFans collaborations.

‘[In] one video on TikTok that blew up about consent, every comment was like, “Well there’s so much drama going on right now,”’ says Kendoll, the stage name of the creator who attended Origami Camp.

‘None of this is drama.

‘There are actual issues that need to be addressed.’

Kendoll asked to be identified by his stage name for his own safety purposes, added: ‘Because apparently something’s not clicking in people’s heads.’

TWO TRIPS ENDED WITH ALLEGATIONS

NBC News have been looking into the allegations and contacted 18 creators who publicly shared content from the collaboration events.

Of those contacted, only eight responded, asking to be identified by stage names, which is the norm for the industry and for safety purposes.

In late October, Origami Camp resurfaced on TikTok after several OnlyFans creators made allegations against Tyler Rusher, known online as Auntie Tyler Thanos.

On Twitter, some creators alleged that Rusher wasn’t invited, but asked to come.

Others alleged that Rusher was invited to work in production, but not to film with other people.

Some who made allegations also claimed Rusher tried to watch them film intimate scenes during the trip despite repeatedly being asked to leave.

And Rusher did not ask other performers for consent to touch them when they filmed a group sex scene.

TIKTOK ALLEGATIONS

IN a series of TikTok videos responding to the allegations, Rusher revealed the legal names of several creators who publicly use stage names.

This breached their privacy and is considered irresponsible in sex work circles.

Performers who are parents are particularly careful of obscuring their legal names to protect their children.

Rusher, whose pronouns are they/them, also addressed the allegations on their Instagram story in October, before setting their account to private.

‘Everyone went to be in an orgy, yet you felt “violated,”’ they wrote.

Rusher denied the allegations with NBC News and said they were directly invited by the event organisers.

They added that they didn’t feel comfortable at the house as a black person in a predominantly white town and said they didn’t feel welcomed by other creators.

‘I am not an assaulter, a Peeping Tom or creep of any sort,’ Rusher said.

‘Being a victim of assault, I would never want to put someone in harm’s way.’

SCENES PLANNED AHEAD OF TIME

Rusher added that a few scenes were planned ahead of time, and since there weren’t enough rooms for people to film in, other creators filmed in Rusher’s room.

They said the event was poorly planned, and they never received the photos or videos of other creators took of them during the trip.

‘I never saw anyone film a scene… I was kicked out of my room a lot when I was there because people were filming in my room,’ Rusher continued.

‘So, I was sitting in a chair alone or I was outside by myself.

‘People really didn’t include me a lot.’

DENIED ALLEGATIONS

They denied allegations that they watched the creators filming through a window and said that while smoking a cigarette outside, they jokingly waved at them while everyone was still clothed.

But they said they didn’t look through the window once filming had begun.

Rusher added that they did not ‘get in there’ during the group sex scene because they didn’t feel welcome, and the only time they touched someone else without explicit verbal consent was to remove their hair out of their face.

They said they regret revealing the creators’ legal names but wished the dispute was handled offline.

‘I would never want to violate anyone’s consent, because I completely understand the meaning of it.

‘If you feel as though I violated your consent, I would have preferred you come to me and we can have a conversation,’ Rusher said.

‘I would like to apologise to you and understand where I went wrong.

‘Blasting me on the internet is not the way,’ they added.

HALLOWEEN COLLABORATION

Around a month after the Washington trip, another group of OnlyFans creators met in Florida for a weekend of Halloween collaborations.

The group did not have any issues with Rusher, who also attended the event, but raised other concerns about another attendee who allegedly submitted an invalid STI result before the trip.

Within days of the event, creator Blair Winters tweeted another attendee had unprotected sex with a ‘stranger’ between submitting their negative STI test results and filming explicit videos with Winters.

Other creators who attended the event confirmed to NBC News that the individual had sent texts about having unprotected sex before filming.

It ‘completely invalidates’ the results, Winters told NBC News.

She said she had unprotected sex with the other attendee ‘all week’ under the guise that they both had negative STI panels before filming together.

Winters described the deception as sexual assault.

THE LAWS SURROUNDING ASSAULT IN THE USA

Laws regarding assaults and sexual assaults vary from state to state.

In some, failing to disclose an STI before unprotected sex or knowingly transmitting one is a criminal offence.

There is little precedent in litigating cases like this, in which one party provides the other with outdated results.

Regardless of legality, Winters said she felt violated because she didn’t consent to have sex with someone who may have been exposed to an STI.

TRADITIONAL STUDIOS

Some performers working for traditional studios have said in recent years that they opt to use condoms and other physical barrier methods during intercourse in their personal life.

This is done to minimise the risk of transmission between testing.

Performer Stoya, for example, told The New York Times in 2012 that she uses condoms in her personal relationships because shuttering down a set if she contracted an infection would be ‘unprofessional.’

Winters said she still felt violated and said the other person has yet to provide her with their previous partner’s STI results.

She described the aftermath of the event ‘such a scary situation and something that could have been easily prevented.’

Winters continued: ‘It’s not just drama because it affects every single person involved.

‘It affects us going forward making new content.

‘How are we going to know that other people aren’t lying about STD results?’

NO RESPONSE FROM ACCUSED

The creator Winters accused of the assault has not publicly responded to Winters’ allegation and didn’t respond to NBC News’ request for comment.

NBC News therefore chose not to name the person because they haven’t responded to the allegation, nor have they been involved in any legal proceedings as a result.

OnlyFans didn’t immediately respond to NBC News’ request or Casting Directs’ request for comment or to follow-up requests.

RIGHT PAPERWORK

Corey Silverstein, an attorney who has practiced adult entertainment law since 2006 and whose firm represents OnlyFans, said the porn industry has seen a ‘massive shift’ in the way productions operate.

This is especially due to the rise of platforms like OnlyFans.

Historically, he said, a production company would hire the actors.

‘The talent would show up for the shoot, and the talent would be paid,’ Silverstein said.

‘And that was the end of it.’

Erotic film director and producer Erika Lust, who runs studio List Cinema and ongoing film project XConfessions, said platforms like OnlyFans allow performers more control than if they worked for a studio.

CONTROL

‘Adult creators can build their brand and engage with fans following their own rules,’ Erika said.

‘Most of all, these platforms empowered adult creators to be less dependent on the industry and generate their own additional revenue streams.’

But that ability comes with the responsibility of running a legitimate business while also performing.

LEGAL AGREEMENTS

‘You now have a bunch of people who for a while were labelled as talent or performers, are now being business entrepreneurs and social media influencers,’ Silverstein added, urging them to sign proper legal agreements.

‘The fact is that relationships are great up until the point that they’re not.

‘Who gets to own the content – and who is actually the copyright holder – who gets to put the work out there – and who gets paid for the content?’

Silverstein continued: ‘These are all things that if you were shooting with someone else, you have to have worked out before you shoot.’

Kendoll said he considers those agreements under the umbrella of consent when working with other creators.

He said many may think consent involves ‘just doing a sexual act,’ but consent extends to agreeing on pricing and posting content prior to the shoot.

CREATORS DECIDED NOT TO POST CONTENT

Following the allegations after the Washington and Florida collaborations, several creators have decided not to post their content out of discomfort.

Smaller creators, however, may not be able to take the financial hit of not paying it.

After the Washington event, a creator with a large following actually offered to compensate smaller creators who didn’t feel comfortable posting videos filmed during the trip.

Winters said she’s ‘privileged enough’ to not need to post the videos from the Florida trip.

But the creators with fewer paying subscribers ‘need to make their money back for what they spent’ on plane tickets, costumes, and the rental house.

This is why creators need to sign agreements on what to do with content before filming it, Silverstein said.

Ensure what happens and how payments work and have a signed agreement to ensure that everyone understands the terms.

PRIORITISING SEXUAL HEALTH

Many in the industry have said platforms like OnlyFans, which says it has 130 million users and 2 million creators, are forging the path for creators to have more control over their content.

But creators say that also means they have to better ensure safety and consent themselves, rather than have a third-party enforcing it.

On traditional adult film sets, performers are required to undergo regular STI testing.

And although many OnlyFans creators voluntarily test for SSTIs before collaborations, Kendoll said there’s no guarantee that the test results are legitimate.

‘There’s a certain panel of tests that you have to go through for mainstream stuff,’ Kendoll said.

‘So, [for] OnlyFans, there’s none of that regulation to work with people.’

PAID FOR COLLABORATORS’ TESTING IN THE PAST

Kendoll said he’s actually paid out for his collaborators’ STI testing if the other creator had a small following and couldn’t really afford it.

But he also noted that many clinics offer free STI testing, but sexual health just isn’t prioritised as much as it should be.

Ivy Vernalis didn’t attend the Washington or Florida events but frequently collaborates with other creators.

She said regular STI testing ‘should be standard practice’ even for civilians, a term used in sex work circles to refer to people wo don’t do sex work.

‘Civilian people don’t get tested enough,’ Vernalis said.

Even if an OnlyFans creator is tested regularly, if they have sex with a civilian who doesn’t receive tests after each new partner, it puts everyone the creator works with at risk.

Despite the extra precautions, Winters is wary of collaborations now.

‘It’s definitely very hard to trust people,’ Winters said after her experience.

‘Now I have to wonder, “Can I trust that they’re giving me clean results?”’

ENSURING CONSENT DURING COLLABORATIONS

Handling consent during filming itself is less clear-cut than distributing content and requiring STI tests.

To ensure safety on set, Lust’s crew includes an intimacy coordinator to advocate for the actors’ needs.

Also, to protect the performers’ privacy, only the people operating cameras and sound equipment stay on set during sex scenes.

Lust, her assistant director, and the intimacy coordinator watch from another room.

The rest of the crew stays outside until the action has finished.

Lust added: ‘The fact that performers work with explicit sex doesn’t mean that they are there to do a live show for anyone at any time.

‘They are working and should have the right to do so in the way they see best fit.’

ENFORCING PRIVACY

Amateur creators filming each other, instead of a professional crew ‘aware of the inherent complexities of sex work,’ have to enforce privacy themselves and be their own intimacy advocate.

Both Kendoll and Vernalis said experienced sex workers should use their platforms to guide new sex workers, even if it disrupts the fantasy of their public image.

Establishing an industry standard starts with education, Kendoll said.

In addition to explicit content, he also makes informational posts about consent and sexual health on OnlyFans.

Lust Zine covers the adult filmmaking industry and provides resources about education and consent.

She recommended that OnlyFans creators read her Performer’s Bill of Rights to understand consent before, during, and after filming.

Sex work is a ‘sensitive business,’ Vernalis added.

But collaboration extends beyond the physical as creators are usually open to sharing the resources.

‘It is something you kind of learn on your own, like there’s no training course or anything,’ Vernalis continued.

‘We protect our own… [but] there’s a sharp learning curve for this kind of work.’

Calls For Regulations In The Amateur Porn Industry After Two Creator Getaways

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