Site icon JONATHAN TURLEY

Deaf Man Sues Pornhub and Other Sites For Lack Of Closed Captioning

Screen Shot 2020-01-18 at 7.43.32 AMA deaf man in New York, Yaroslav Suris,  has sued Pornhub and other pornographic websites over what he claims is a lack of closed captioning that prevents him from enjoying “video content” as a disabled person.  He claims that sites like Pornhub, RedTube, and YouPorn are in violation of the 1990 Americans with Disabilities Act and its mandate that public accommodation’s goods, services, facilities and privileges must allow for “full and equal enjoyment” for disabled individuals.

Notably, one site, Pornhub, has insisted that it does supply closed captioning even if it is presumably . . . well . . .monosyllabic.

This issue did come up during the Obama Administration with regard to movie theaters.  The Obama Administration issued a rule that the failure to offer closed captioning for deaf moviegoers would violate the ADA. The rule required:

(1) have and maintain the equipment necessary to provide closed movie captioning and audio description at a movie patron’s seat whenever showing a digital movie produced, distributed, or otherwise made available with these features;

(2) provide notice to the public about the availability of these features; and

(3) ensure that theater staff is available to assist patrons with the equipment before, during, and after the showing of a movie with these features.

This lawsuit would apply to streaming and Internet services and sites.  Dialogue is not known as the primary draws of pornography, though the Supreme Court had a direct influence on porn scripts when it started to rule on what was obscene and what is merely pornographic.  Applying community standards, the Court asked if an average person would find the work taken as a whole would only appeal prurient interests and was “utterly without redeeming social value.” The response from the porn industry was to insert lines for Shakespeare into scenes. Those literally moments would, of course, be lost without closed captioning.

I was curious as to how this would work with such non-pornographic but analogous scenes like the famous faked orgasm in “When Harry Met Sally” so here it is:

Exit mobile version