The American Civil Liberties Union (ACLU) and Hacking//Hustling, an advocacy collective, filed a comprehensive complaint against Mastercard with the Federal Trade Commission. The groups assert Mastercard's policies toward sex workers and adult content creators are not only discriminatory but also fundamentally erode First Amendment rights, according to an Aug. 30 news release.
“For close to two years, sex workers and adult content creators have had their rights and their livelihoods targeted by Mastercard’s needless and dangerous policy,” LaLa Zannell, trans justice campaign manager for the ACLU, said in the release. “Far from protecting the vulnerable, this policy denies sex workers safety, dignity and equality under the law all while censoring lawful speech. We call on the commission to listen to the voices and experiences of sex workers and put an end to this discriminatory policy.”
The legal arguments in the complaint hinge on First Amendment violations, focusing on the freedom of speech. The ACLU's position is that Mastercard's policies act as de facto constraints that force payment providers to exclude those involved in adult content creation, the release reported. This not only hampers the economic viability of the industry but also sets dangerous precedents for the censorship of lawful speech.
Mastercard's guidelines are accused of being ill-defined, leading to excessive caution and overcompliance by various platforms. Inadequate automated tools have amplified this problem, resulting in a cascade of censorship affecting a significant category of lawful expression, according to the release.
What's particularly noteworthy are the wide-reaching societal and economic consequences that emanate from Mastercard's policies, the release said. These have resulted in substantial economic hardship for thousands of adult content creators who depend on digital payments for their income.
These policies don't merely impact livelihoods; they also amplify the societal stigmatization of sex work, according to the ACLU. The organization also argues this fuels a cycle of discrimination and deprives individuals of essential financial services that are readily available to others, the release reported.
