On Tuesday, May 7, 2025, the Paris Court of Appeal suspended the blocking of two major platforms: Tukif and xHamster. A temporary, but far-reaching decision, based on the "country of origin" principle, enshrined in European law.
A legal battle that began in 2023
For more than two years, France has been trying to enforce stronger legislation to better protect minors from accessing pornographic content. Under Article 227-24 of the Penal Code, publishers of adult sites must implement reliable age verification systems. A simple click to declare that you are of legal age is no longer enough.
Referred to by Arcom (the audiovisual and digital communications regulatory authority), the courts ordered the blocking of several sites, including Tukif and xHamster, in October 2024. Internet service providers (Orange, Bouygues, Free, SFR) then cut off access to these platforms, deemed non-compliant with regulations.
But the publishers of these sites challenged the decision before the Paris Court of Appeal, raising a central argument: the “country of origin” principle. This legal mechanism, provided for by the European directive on e-commerce, stipulates that an online service is subject to the rules of the country in which it is established. However, Tukif is based in Portugal and xHamster in Cyprus, two member states of the European Union.
The Court of Appeal ruled in favor of both platforms, considering that France could not block a site without going through a procedure coordinated with the country of establishment. An interpretation that weakens the arsenal put in place by the French authorities to combat minors' access to pornography.
Provisional suspension pending Europe
However, be careful not to draw hasty conclusions. The appeals court's decision does not definitively validate the current model of these sites. It simply suspends the blocking while the Court of Justice of the European Union (CJEU) rules. France has indeed requested clarification on the compatibility between its national legislation and European law.
Until then, internet service providers must restore access to the two sites within fifteen days. French Internet users can now access these platforms again, but this situation could change again depending on the future interpretation of the CJEU.
For its part, Arcom remains mobilized and continues to monitor the behavior of pornographic site publishers and does not rule out initiating other procedures if breaches are observed. It also points out that beyond blocking, other means of pressure can be used, particularly with advertising agencies or hosting providers.
This case also raises a central question: how can minors be effectively protected in a globalized digital environment, where platforms can rely on legal loopholes or differences in interpretation between Member States? The answer may come from Europe. In the meantime, the two offending sites benefit from a reprieve that could revive the debate on French digital sovereignty and the ability to enforce its laws on the Internet.
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