Just days after the court suspended the decree requiring pornographic sites located in the European Union to verify the age of their users, and the withdrawal of Aylo from the French market, Clara Chappaz, the Minister for Digital Affairs, announced on Wednesday that the government would refer the matter to the Council of State to challenge this decision.
A suspended decree as a starting point
On Monday, June 16, the Paris Administrative Court urgently suspended the decree of February 26, 2025, which required pornographic sites located in the European Union to verify the age of their users. This decision follows an appeal by Hammy Media, owner of the Cyprus-based site Xhamster, which disputes the compatibility of the measure with European law. The suspension is therefore provisional, pending further examination.
In response, the Minister Delegate for Digital Affairs, Clara Chappaz, announced that the French authorities would appeal to the Council of State to reinstate the immediate requirement for age verification on the sites concerned. She reaffirmed her determination to enforce the law, denouncing “strong legal resistance” from X-rated platforms, which “use every means to avoid their obligations.”
An unprecedented and controversial measure
The suspended order extended to sites based in the EU an obligation already in force for French and non-European platforms: to prevent minors from accessing pornography, under penalty of sanctions from Arcom. To prove their majority, Internet users had to provide a photo or an identity document, using at least one method respecting the principle of double anonymity. This requirement, welcomed by child protection associations, is criticized by the porn industry and rights defenders, who point to the risks to privacy and the ineffectiveness of the system. Some stakeholders believe that verification should be carried out locally by the digital giants, and not by the sites themselves. The standoff continues The suspension of the decree is part of a series of disputes that have pitted French authorities, porn platforms, and child protection associations against each other for several years. Arcom recently formally ordered several European sites, including Xhamster, Xvideos, and XNXX, to comply with the 2024 law, or face blocking. In response, some industry giants, such as Pornhub, RedTube, and YouPorn, suspended access to their sites in France to protest the regulations.
At the European level, the Commission opened an investigation at the end of May into four sites suspected of not taking sufficient measures to prevent minors from accessing their content. Brussels also intends to harmonize practices and ensure that all platforms comply with the same obligations.
0 Comments