MasterCard Tightens Payment Regulations

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As expected, MasterCard has announced sweeping new changes that will impact all high-risk merchants and especially those involved in user generated content like Tube, Cam, Fan, and adult dating sites.  The new requirements placed on all adult sites support a compliant process for violating content and take down requests. Action will need to come quickly; it must happen within seven days.  A neutral mediator will get involved if the take down request is denied.  Merchants will now be required to submit monthly reports on this activity to their Acquirer.

There are also new requirements for user-generated content including live streaming.  Each provider will be expected to obtain a written agreement addressing illegal activity with legal consent from all persons depicted giving consent to the public distribution of the content along with age verification. Uploads should only be permitted to verified content providers and should be reviewed prior to publication.  For streaming providers, monitoring must be in real-time.

We at Segpay wanted to simplify the new MasterCard regulations for you so we’ve broken down how it will impact different areas of the industry:

  • Tube sites
    • Enter into a written agreement with any individual that is contributing content to the website. This includes the individual’s consent, their identity and age.
    • All persons depicted in the content must give consent for the content to be distributed and downloaded.
    • Age and identity of all persons depicted is required.
    • Only verified users can be permitted to upload content.
    • All content must be reviewed prior to publication, or real-time if it’s live streamed, and no content can violate the Card Brand BRAM policies
    • Website must have a complaint process for reporting, review, and removal of violating content.
    • Have policies in place to make sure that the website cannot be used for human trafficking.
    • Provide monthly reports to acquirer of flagged content and what was taken down.
    • No search terms or marketing partners give the illusion that the content they are marketing will contain child exploitation materials or depictions of non-consensual activity.
  • Fan Sites
    • Same as Tubes
  • Paysites
    • Website must have a complaint process for reporting, review, and removal of such content.
    • Take down requests/flagged content will need to be reported monthly to the acquirer.
    • Have policies in place to make sure that the website cannot be used for human trafficking.
    • No search terms or marketing partners that give the illusion that the content they are marketing will contain child exploitation materials or depictions of non-consensual activity.
  • Studios
    • Not a requirement, but Studios should keep BRAM policies in mind when shooting content,
    • Have model consent forms which verify user’s identity and tools in place to verify users (two forms of ID or tools), ensure model releases address the consent provisions of Mastercard’s update (consent to have the content downloaded may not be a in a standard release)
  • Models/Content Makers
    • Be prepared to provide identity and proof of identity.
  •  

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