Member States of the European Union can require age verification of users of pornographic sites even when they are established in another country, the Court of Justice of the EU (CJEU) ruled on Tuesday June 16, putting an end to several years of battle before the courts.
In its judgment, the Court notes that such provisions “appear proportionate” but it recalls that, except in cases of emergency, the country concerned must first ask the Member State where the owner of the site in question is established to take “appropriate measures” itself to enforce this measure.
This decision comes at the end of several years of legal proceedings between associations for the protection of minors and the French State and the companies Webgroup Czech Republic and NKL Associates, publishers of the Xvideos and XNXX sites.
The latter had taken legal action in France in December 2021 and January 2022 faced with the threat of the establishment of a control over the verification of the age of users of their sites, a few months after the publication of a decree specifying that they could not exempt themselves from their responsibilities towards the youngest with a simple declaration of majority.
Protection of minors online
Seized of this case, the Council of State, the highest French administrative court, turned to the CJEU in March 2024.
But, since the entry into force of the French law of 2024 and the publication of an interministerial decree, publishers of X sites have the obligation to verify the age of users by sending a photo or an identity document for example, under penalty of blocking. This decree also requires pornographic sites hosted in the EU, but outside France, to verify the age of Internet users.
In response, the company Aylo (Youporn, Pornhub, etc.), a heavyweight in the pornographic industry based in Cyprus, notably suspended access to its platforms in France.
Furthermore, at the end of March the EU launched a new offensive in terms of protecting minors online, suspecting four pornographic sites (Pornhub, Stripchat, XNXX and XVideos) of breaches of their obligations in terms of protecting young people.
