Visa has quietly released its updated guidelines that address user-uploaded adult content. The good news is: the regulations are very similar to Mastercard regulation AN 5196, Revised Standards for New Specialty Merchant Registration Requirements for
Adult Content Merchants, which went into effect back in October 2021.
If companies are compliant with this Mastercard regulation, then they should be in good shape to also comply with the Visa changes.
The new Visa regulation, Visa Rule ID
0003356, is part of the Global Brand Protection Program Guide for Acquirers. It focuses on merchants who allow third-party users to upload or generate content. This includes real-time or livestreaming content produced and shared on social media sites,
tube sites, cam sites, adult dating sites and voyeur programs. When it comes to user-uploaded content, the new Visa regulation states there must be consent in writing and it needs to include several things.
First, the merchant must enter into a
written agreement with the content provider and the agreement must include that the content does not have any activity that is illegal. Content providers are required to maintain records from all persons depicted in the content and confirm that there was
consent given to be depicted. Proof is also needed that consent was given to allow public distribution of the content, including uploading it to the merchant's website. Visa also recommends the use of a third-party provider that specializes in the
validation of government identification.
All content must be reviewed prior to publication to ensure that it complies with all applicable laws and Visa rules.
Lastly, if the content is livestreamed, the merchant must have controls in place
to manage the content.
See further details in article from xbiz.com