OnlyFans has released their new Terms Of Service that will be coming into effect on 1 September 2024. We’ve spent some time digesting the sections that could have the greatest impact.

Section 8 E and Section 15 B

‘We reserve the right to pre-screen, monitor, or reuse Content.’

‘You agree to grant us a license to all your Content to perform any act related to the operation of OnlyFans and our related products and services, including reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content, including for the purpose of improving the features and functionalities of OnlyFans and our related products and services.’ [this used to specify [‘reasonably related to the operation of OF‘] in the old terms.

Platforms typically reserve the right to use creator content to enhance their services. The latest update on OnlyFans likely revolves around OFTV. To make the platform more engaging and social, OnlyFans can now use creator content as free “scroll bait” for its landing page, OnlyFans TV.

Rights and ownership issues have always been a part of the OnlyFans Terms of Service. While most platforms require content creators to understand the control they retain over their work and the concessions they make upon joining, this update represents a significant departure from previous versions.

This is problematic and potentially unethical because it allows the platform to profit from creator content without offering additional compensation. Creators might feel exploited as their work is used to attract more users and generate more revenue for the platform, all while they receive no extra benefit. It raises concerns about fairness and the balance of power between the platform and its creators.

Section 12 C

‘When we review content in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and Artificial Intelligence and Machine Learning-enabled tools to detect and remove Content that violates our policies.’

This clause would be used to analyze and classify content, similar to how many other platforms do, in order to meet OSA guidelines. What remains unclear is what specific classifications might be applied; could they include calculating statistical probabilities of profitability or assessing the likelihood of a user making in-person arrangements?

When it comes to AI, it can often feel like a race to the bottom, with minimal legal restrictions on the output of large amounts of data. For example, if OnlyFans had a state-of-the-art video generation model, they could potentially create longer videos from this data. With time and fine-tuning, these videos could be optimized to ensure both popularity and profitability.

It is likely that this data will be used to feed into more sophisticated neural networks in years to come.

Section 14 F

‘We may use any part of your Creator Earnings to set off any harm or loss we suffer as a result of your breach(es) of the Terms of Service.’

The clause is problematic, and will likely be short lived. It’s vague, leaving too much room for interpretation about what constitutes “harm or loss,” which can lead to arbitrary decisions. A simple point from the Online Harms Act 2023 (Section 8) is that the terms of service duties for a platform like OnlyFans, must be clear and transparent, which this is not.

According to section 21 of the OSA 2023, users should be able to easily make complaints about actions taken against them by the provider due to their content, if they believe such actions are unjust. They should also be able to easily access and use the complaints procedure. OnlyFans clearly has some work to do in this regard.

Section 16 B

‘Any individual(s) who appear in the Co-Authored Content may, at any time, withdraw their consent to appear in that Co-Authored Content. Co-Authored Content may be deleted where a participant withdraws consent.’

The clause allowing individuals to withdraw their consent to appear in Co-Authored Content, leading to its deletion, is not entirely new. The wording is simply more explicit.

Positively, it respects personal autonomy and privacy, ensuring participants can opt out if needed. However, this can be challenging for creators, who might lose valuable content and potential income. It also requires meticulous consent management and clear communication with co-creators to avoid disruptions.

While ethically sound, this clause emphasizes the need for careful handling of consents to protect both individual rights and the creator’s work.

Section 17 B.3

‘Do not promote your OnlyFans account using Google Ads or any similar advertising platform or search engine advertising service.’ 

The restriction against promoting your OnlyFans account using Google Ads or any similar advertising platform or search engine advertising service is quite significant.

This limitation can severely impact a creator’s ability to reach a broader audience and grow their subscriber base. Advertising through platforms like Google Ads is a powerful tool for driving traffic and gaining visibility, so prohibiting this avenue might hinder promotional efforts.

Additionally, this restriction could force creators to rely solely on organic growth and social media, which can be less predictable and slower. It may also push creators towards less reputable advertising methods, potentially exposing them to risks and lower-quality traffic.

Overall, while the intention behind this rule might be to maintain a certain platform image or comply with advertising policies, it poses a challenge for creators looking to effectively market their content and expand their audience.

Section 19 A & B

‘Clearly and conspicuously label Advertising Content you Upload to OnlyFans by including in the caption of the Advertising Content a signifier such as #ad, #paidpromotion or #sponsored, the name of the brand advertised and who paid for the Advertising Content.’

‘AI Generated content must comply with our Terms of Service and must be clearly and conspicuously captioned as AI Generated Content with a signifier such as #ai, or #AIGenerated. 

Requiring AI-generated content to comply with the Terms of Service and be clearly labeled with tags like #ai or #AIGenerated is a good policy. It promotes transparency and honesty, ensuring viewers know the content’s origin. However, it adds responsibility for creators to label their work correctly. Clear guidelines from the platform will help avoid confusion.

Additionally, the requirement to label advertising content with tags like #ad, #paidpromotion, or #sponsored, along with the brand name and sponsor details, is another positive step. This ensures transparency in advertising and helps maintain trust with the audience. It, too, adds an extra step for creators, but it’s crucial for ethical advertising practices.

Overall, these policies support transparency and ethical standards, keeping audiences well-informed about the content they consume.

Acceptable Use Policy Update

‘Violence or harm including prohibited role play, use of objects in any way that is likely to cause physical or mental harm, lack of express consent, extreme impact, extreme bondage, or suicide.’

The new policy restricting content involving violence, harm, prohibited role play, and extreme scenarios, including lack of express consent, is designed to ensure safety and ethical standards on the platform. This will likely impact creators who produce BDSM content, which, although ethically sound and consensual, can appear visually alarming.

For BDSM creators, it’s crucial to clearly demonstrate and document explicit consent and the safe practices involved in their content. Emphasizing the consensual nature and safety protocols can help align with the platform’s guidelines. However, the stringent restrictions on what is deemed extreme might still limit the range of permissible content, impacting creative expression and the diversity of content available.

While these measures aim to protect users from harmful material, they also underscore the need for clear communication between creators and the platform to ensure that ethically produced, consensual content is not unfairly restricted. Balancing safety with creative freedom remains a delicate task, and ongoing dialogue will be essential to navigate these new guidelines.