Both Visa and Mastercard have new rules that go into effect as of October 15, 2021.
These are rules specific to adult content merchants, which means any person who makes adult content. It doesn’t matter what platform you use (your own official website, FanCentro, SextPanther, or OnlyFans). In the end, all that matters is if you make adult content, these new rules apply to you.
We already know that if you shoot content, you need to not only make sure the person is over 18, but you must also get a copy of their ID (to prove it) and have that person sign a model release, for every single scene you shoot.
These have always been the rules, and that isn’t changing.
If you shoot 17 scenes with someone, you need to do this 17 times. I know it may sound stupid to have a person sign the same document 17 different times (one time for each different scene you shoot with them), but that’s just the way the law works.
As of October 15, 2021, those of us who engage in the provision of adult content and services will also be required to:
Enter into written agreements with third-party users that upload or generate content for the merchant’s website, which include provisions relating to written consent of persons depicted, and identity and age verification of persons depicted;
As I mentioned before, you must also have the model sign a release allowing you to use the content and 2257 documents as well as the ID of every person in the video. That’s all this regulation is saying. The banks want to know that every person who is getting naked on camera is in fact over 18 and that you can prove it.
Here is what you need for each and every shoot.
- A model release form
- A performer consent checklist
- 2257 documents
- A copy of the model’s ID (a picture of their ID, both front and back, and a picture of them holding their ID)
Let me show you a sample of what I mean. Keep in mind this is a redacted version for illustration purposes only. You’ll want to make sure that when you take a photo of the person holding their ID, the information in their ID is clear and visible.
The performer consent checklist is something new and not something that Mastercard is asking for. That is specific to Visa. What they are asking is that you have gone out of your way to make sure that everything done on camera is fully consensual between both parties. That’s where a performer consent checklist comes into play. You’ll want to have this on file with your other documents for each and every scene you do. While Mastercard isn’t asking for it right now, that doesn’t mean they won’t in the future because Visa and Mastercard oftentimes mimic each other’s regulations.
Now there is the issue of who actually filmed the scene (or took the photos of you naked).
If you are not the photographer or videographer you also want a photographer release form. This means if you aren’t holding that camera and someone else, you need them to sign a release. This is a vital legal step in determining the owner of the content in question. It’s a weird little quirk in the law that must be addressed and can be done so easily by having the person holding the camera sign a simple photographer release form.
If you are filming at a location that you don’t own, then you also need a location release form.
Keep in mind that you aren’t technically allowed to shoot in a location or release the film without a location release form. This means if you shoot in an Air B&B or at a hotel and get caught, they could technically sue you. This happened to Mile High Media because a director rented a house to shoot porn in (lied about what she was doing there) and they got caught.
Long story short, best to just shoot content at your own place to avoid these complications.
Anywho, there is more. Now platforms must …
- Only permit content uploads from verified content providers;
- Have a process for verifying the age and identity of third-party users that upload or generate content;
This is a new but important step in the right direction.
If you are going to upload content you own to a platform, you must prove who you are. It doesn’t matter if you are in the videos or not. What you are doing is proving this is your account and you are in fact over 18 years of age. This is when when you create an OnlyFans account or even an account on one of those cam sites, they make you go through the whole ID verification process, proving you are who you say you are.
In the past, you only had to provide the IDs of those in the videos. That’s not the case anymore. From now on you must also verify the identity of the person who owns the account on a given platform.
Now there is one more part of this regulation. Think carefully about the way that the previous part is worded. It’s about who is UPLOADING the content.
If you have an assistant or content manager, someone who helps you upload and manage your content, that means you will also need to verify their identity under the “know your customer” laws. KYC, or Know Your Customer, is the process of verifying a customer’s identity to ensure they are providing accurate personally identifiable information. This basically means you need the following information about them.
- Customer name
- Date of birth
- Permanent address
- A UID**
- Copy of utility bills
UID stands for Unique Identification Number, this could be something like a social security number, or their driver’s license number. This number must be unique to the person. For example, with a social security number, that belongs only to that person. So that would work. Same with your driver’s license number.
But here is a list of acceptable documents ….
(POI) Proof Of Identity:
- A UID/passport, driver’s license, or a voter’s ID card.
- A PAN (Permanent Account Number) card with a picture matching the customer.
- A current ID card issued by the State.
- Any valid Debit or Credit card issued by a bank.
(POA) Proof Of Address:
- A copy of utility bills such as electric bills with a verifiable address
- Visa/Driver’s License with a digital picture.
- A copy of a registered sale agreement or lease for residence.
- Any identification document in the name of one’s spouse.
If you get audited it is likely the IRS may start asking you for this information. This is why it’s important to know who you are doing business with. And I mean actually know. Follow the banking guidelines known as “know your customer” and do your due diligence, getting this information from your assistants and/or OnlyFans managers.
Now you know in detail exactly what you have to do to remain compliant. It doesn’t matter what platform you use, in the end, you have to be compliant with all banking regulations and so do they because in the end if they aren’t then they can’t accept Visa and Mastercard, and if they can’t accept credit cards, they can’t make money and they are out of business and so are you.
ALL platforms have to comply with the laws and banking regulations and so do you.
Please note, I am not a lawyer or accountant. You should not consider anything in this post as legal or financial advice. If you have a legal question you should consult a lawyer. If you have a financial or tax question you should consult a certified public accountant. I can only share with you information based off of my own experience that may or may not be right for you.
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