Read The Times Australia

Daily Bulletin

OnlyFans controversy highlights the bind facing most gig workers

  • Written by: Dilan Thampapillai, Associate Professor, University of New South Wales, UNSW

The saga over subscription-based social media platform OnlyFans, which announced it would ban sexually explicit content only to reverse that decision a week later, has highlighted just how quickly such a platform can move the goalposts for those relying on it for an income.

Yes, the most successful “content creators” on OnlyFans can reportedly make more than US$100,000 a month. But they are the minority. Most barely make enough to justify the hustle, with the median income estimated to be US$180 a month.

Strip away the sexy marketing and what you have is just another digital platform facilitating another form of gig work, substantially no different to ride-share drivers or food-delivery couriers.

The increase in popularity of OnlyFans during the COVID-19 pandemic is mirrored by the growth of the gig economy more generally. With the pandemic hitting other forms of part-time and casual work, the attraction of the income-earning activities provided by digital platforms has increased.

Some of these activities outside of the traditional, long-term employer-employee relationship may even appear desirable, offering flexibility as child care and other demands have increased during lockdowns.

Though precise estimates are complicated by differences in definitions of work and the way statistics are counted, the data suggests at least 10% of the labour force in industrialised economies now rely primarily on gig work for their income. They may be called freelancers, independent contractors, temporary workers or consultants. More than a quarter of the workforce participates in the gig economy in some capacity.

OnlyFans controversy highlights the bind facing most gig workers OnlyFans’ popularity has grown significantly during the pandemic. STRMX/AP

Gig work is rightly controversial. It continues to be accused of driving inequities, exploitation and issues around workplace and occupational health safety. While there have been a few significant legal wins this year for some gig workers over employment status and rights, platforms still largely have the whip hand.

Shifting risks

Key to platforms’ power is how they avoid responsibilities and transfer risks to gig workers, by positioning themselves legally as intermediaries between customer and service provider.

This is achieved via the terms and conditions users agree to when they sign up. These terms and conditions can be changed at any time. While users are generally given notice, they are often unaware of changes because they don’t bother to read notifications before agreeing to updated terms.

Read more: The rise of the ‘porntropreneur’: even hustlers need side hustles in the gig economy

In the case of OnlyFans, its “standard contract” gives subscribers permission to access content produced by a creator, and also implicitly obligates a creator to produce and provide content over time. The contract is just over 1,500 words — theoretically short enough to read, though it’s likely few do so entirely.

The contract does permit for the expiry of the licence where the creator removes content. It also includes a “no guarantees” clause that mostly protects the creator with regard to the removal or unavailability of content. These clauses superficially seem to give creators some protection from disgruntled fans. But in reality they are a trap for the unwary.

If things go wrong, consumer protection laws generally give customers rights that create liabilities for creators. For example, under Australian Consumer Law a court could strike out the “no guarantees” clause in the OnlyFans standard contract, making creators liable for non-delivery to fans.

Had OnlyFans banned sexually explicit content, subscribers could well have have been entitled to demand their money back from content creators. The platform would not have been liable.

Read more: 3 ways 'algorithmic management' makes work more stressful and less satisfying

Future challenges

The OnlyFans case thus highlights the precarity of gig work, and some interesting legal, social and governance challenges for the future.

2021 has delivered some landmark court rulings in Britain, the Netherlands and Australia rolling back the ability digital platforms such as Uber and Deliveroo to dictate the terms by which they engage and pay drivers and riders.

But these were limited wins, not applicable to all gig workers even in those jurisdictions. There is still more work to be done.

Authors: Dilan Thampapillai, Associate Professor, University of New South Wales, UNSW

Read more https://theconversation.com/onlyfans-controversy-highlights-the-bind-facing-most-gig-workers-167101

Business News

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...