AliExpress, the online marketplace under the Alibaba Group, has expelled a China-based merchant who was selling dolls with childlike features intended for sexual use. This move followed a Reuters inquiry into whether the sale of these products adhered to the laws of the United States and European Union.
The Case at Hand
AliExpress was first alerted to these controversial listings in mid-November. The company initially claimed that there was no violation of their policies, arguing that the dolls were rigid and lacked any sexual functionality. However, they later shifted their stance, banning the seller for dishonest conduct on this grave issue.
The seller, Guava Dolls, was found to be marketing four dolls that bore a striking resemblance to minors. These dolls were available for purchase in the US and Europe. Lawyers examining the case pointed out that the images of the dolls on AliExpress bore hallmarks of child sexualization, such as infantile expressions and school uniforms.
Despite several attempts to reach Guava Dolls through email and social media, the seller remained unresponsive. AliExpress stated that the seller repeatedly denied selling sex toys on any platform, but eventually admitted to accepting custom orders on different platforms. This admission led to their permanent ban from the marketplace.
European Regulations and the DSA
AliExpress, along with Shein and Temu, falls under the purview of Europe’s Digital Services Act (DSA) due to their classification as Very Large Online Platforms (VLOPs). The European Commission is closely supervising AliExpress’s compliance with the DSA.
The DSA mandates that online consumer marketplaces carry out due diligence on the products being sold on their platforms. They must also block or remove any illegal content once they become aware of its presence. These platforms now face stiffer regulatory obligations.
AliExpress has indicated that it plans to employ third parties to aid in monitoring its platform in the future.
Response to the Investigation
The investigation was instigated by a consumer watchdog that spotted the childlike sex dolls on Shein’s marketplace. The European Commission has since asked Shein to provide information on their protective measures against age-inappropriate content and illegal products.
AliExpress announced after the investigation that it had removed similar listings. It further stated that sellers who violated its policies would face penalties.
According to the rules of AliExpress, content must neither be sexually explicit nor harmful to minors. Listings that insinuate or depict sex involving minors are prohibited. The company had originally claimed that the dolls in question were anime dolls created for fans of Japanese animation.
Legal Implications
In certain European countries, including France, Germany, and the UK, selling or facilitating access to dolls suggestive of children is illegal, regardless of their function. Consumer protection bodies in these nations often categorize such items as analogous to images of sexual abuse under child protection laws. Lawyers consulted by Reuters argued that the listings on AliExpress violated both national and EU guidelines.
European Union lawmakers voted in favor of a resolution to protect EU consumers from non-compliant e-commerce platforms. This resolution underscores the issue of childlike sex dolls, among others. It is anticipated that the resolution will implore the Commission and EU member states to intensify checks on products entering the bloc.
In the US, the regulation of childlike sex dolls is determined by state laws. Several states, including Arizona, Utah, Kentucky, Florida, Tennessee, Texas, Hawaii, Louisiana, and Wisconsin have enacted legislation targeting the sale, import, or possession of such dolls.
Questions & Answers
What triggered the investigation into AliExpress and Shein?
The investigation was triggered by a consumer watchdog that discovered childlike sex dolls on Shein’s marketplace.
What are the obligations of online marketplaces under Europe’s Digital Services Act (DSA)?
The DSA mandates that online consumer marketplaces carry out due diligence on the products being sold on their platforms. They must also block or remove any illegal content once they become aware of its presence.
What actions have been taken by AliExpress in response to the investigation?
AliExpress has removed similar listings from its platform and announced that sellers who violated its policies would face penalties.
