Google’s New Explicit Image Takedown Policy Unlikely to Affect Commercial Images

MOUNTAIN VIEW, Calif. — Google’s updated policies allowing individuals to remove “personal, explicit images” from Google Search results will not affect most commercial images created by a third-party with appropriate contacts and releases.

As XBIZ reported, the policy, which was unveiled last week, was designed to target non-consensual explicit imagery and enabled individuals “to remove from Search any of their personal, explicit images that they no longer wish to be visible in Search,” Google VP for Trust Danielle Romain shared through the platform’s blog.

At the time, Romain specified that the new policy “doesn’t apply to content you are currently commercializing.”

But questions lingered among adult industry companies and creators about situations involving explicit images of individuals who were under contract and/or had given full releases to third-party companies.

A Google rep told XBIZ that under the new takedown policy, individuals “can request the removal of third-party created content that features them, if it has been removed by the original publisher.”

The Google rep directed XBIZ to the full text of the new policy, which states that for the company to consider the content for removal, it must meet the following requirements:

The imagery shows you (or the individual you’re representing) nude, in a sexual act, or an intimate state.

You (or the individual you’re representing) didn’t consent to the imagery or the act and it was made publicly available, or the imagery was made available online without your consent.

You are not currently being paid for this content online or elsewhere.

For non-authorized commercial content which does not fall under those requirements, Google recommends instead to request the removal under DMCA.

Two Specific Scenarios

According to the policy, in the case of a request by Individual A, who agreed to perform in an explicit sex scene for Company B — and signed a contract and a release form and 2257 form which are in possession of Company B — but later (e.g., because they moved on with their lives, had second thoughts, spoke to someone and changed their minds, is pressured by a new romantic partner, is worried about a new employer finding out or otherwise changed their mind, etc.) wants the content removed from search, it will only be removed if the third-party has withdrawn such content from distribution.

Still according to the new policy, Google would also not automatically remove content under the new policy if it, for example, received a request by Individual A, who agreed to perform in an explicit sex scene for Company B, but later Company B sold the content and transferred their rights to Company C, which marketed them in a different way which Individual A doesn’t care for.

The performer, however, might have other recourses they could pursue, particularly if the third-party-publisher was found to have utilized predatory means in the production of the content featuring the reporting user. A notable example of that situation would be the GirlsDoPorn case in San Diego.

Another scenario in which the performer could request the removal of the Search images is if the third-parties companies for some reason withdrew their rights to the content.