NevaehStar said:
Hmmm.. so if this is true.... then MFC is not liable for the models actions...
ok, then could the MODELS be liable for any indecent acts?
Potentially? Sure, no more nor less than the model would be if she was caught doing something illegal off cam. I doubt a model could be held liable for doing anything legal where she is broadcasting from, but illegal in a place that it is viewed.
Could the models be held accountable for following/breaking these rules?
In a nutshell, yes. Laws vary between jurisdiction but one of the more disturbing illegal acts I've witnessed occurring more than once (and written to Leo about btw, who took no apparent action) is "ageplay" - that is a model pretending to be under 18. Even if both sides know it's acting - it's illegal and carries a potential prison term.
Almost seems that MFC has escaped the liability, but if Models are are commiting "porn-type actions" or have someone under 18yrs old in their room- then would they be in violation of these laws??
MFC, in their defense can't be liable for the live actions of hundreds of models at once - they can lay down the rules, they can't stop them being broken in realtime.
I very much doubt a model could be held responsible for under 18s accessing their cam
except obviously where a customer states they are underage, you can tell by looking at their cam etc...you're not expected to ID check everyone who enters the chatroom, but you ARE expected to boot anyone who you have reason to believe is underage. Honestly, half the guests are probably 15, but there's nothing anyone can do about that, nor can anyone be held responsible.
MFC puts adult only warnings around the site, it's not practical or possible to do more than that. Even if you needed a valid credit card to sign up for "age verification", one model told me a guy took her pvt and he was 14....they didn't do anything sexual or nudity related (she says), just asked her advice about girls etc...was his dad's account, and said if he complained he'd tell mom about the account (lol).
MFC found the loophole, but could models be in jeopardy of the Federal/State government trying to shut them down or press charges or something?? And could this ALSO be a reason why the MFC rules are in place? To keep the MODEL from violating the laws...????
Well you're always liable legally for your actions on MFC or anywhere else. That being said, unless you SEVERELY overstep the mark, being prosecuted on indecency grounds is extremely unlikely - a model peeing on cam (for instance) isn't worth anyone's time or money to pursue.
I can't speculate on MFC's motives about why the rules are in place, but I suspect that they are both to protect MFC's exemption from liability - the fact that the rules are clearly stated helps protect MFC's exemption - and it's also against their interests for models to be violating laws.
The most obvious example is 2257 stated above - the reason why you're not meant to have unregistered people on cam - legally you as a "producer" of adult content are required (by US law at least) to maintain records proving the age of anyone involved in a performance, and to state where these records are held and by whom. MFC effectively does this for you (although under their exempt status they're not technically required to), and in so doing further protects themselves.
My opinion (and it's only an opinion) is that I agree with Mirra - if something were ever serious enough to make it into court there are a lot of gray areas, and MFC has set it up so that they're as free from liability as possible.