French Court Rules ISPs Must Block Porn Sites That Don’t Use Age Verification

The Paris Court of Appeal has handed down a pivotal decision requiring internet service providers to block access to non-European pornographic websites that fail to verify the age of users. The ruling is a direct response to the growing concerns about the exposure of minors to explicit content, a problem that affects over two million children and teenagers each month, according to Arcom (France’s audiovisual and digital communication regulator).

While some major sites, including Pornhub and YouPorn, are temporarily exempt, others, like Tukif and xHamster, are now mandated to implement effective age verification systems or face having their platforms blocked in France.

The court decision stems from the enforcement of a law passed in July 2020, which requires adult content sites to verify users’ ages before granting access. Child protection associations, such as La Voix de l’Enfant and e-Enfance, had been advocating for stricter implementation of this law. Their recent victory at the Court of Cassation in 2023 reaffirmed their right to demand action from internet service providers, even without first targeting the content publishers directly. The ruling amplifies the pressure on websites to adopt digital age verification technologies that can offer more robust security than the currently inadequate, declarative systems that merely ask users to confirm their age.

The ruling has significant implications for digital age assurance solution providers, both in France and across Europe. Companies like Ariadnext, Yoti, and IDNow, which offer AI-driven identity and age verification services, are likely to see a surge in demand as adult content platforms and other digital services seek compliance with these legal requirements. These companies use a range of techniques, from document-based verification to facial recognition and biometric assessments, to ensure that users meet the minimum age requirements without exposing platforms to unnecessary legal risks.

The introduction of the SREN law, which grants Arcom the authority to directly block non-compliant websites without judicial involvement, adds further urgency to the adoption of these technologies. In the coming months, digital service providers will face increasing scrutiny, not only from regulators but also from advocacy groups that demand accountability in protecting minors.

Age assurance solution providers are uniquely positioned to offer the technology that meets both legal and ethical demands, and are thus poised to become an integral part of France’s evolving digital safety landscape.

“There may be further legal twists & turns over the next few months but it’s increasingly likely that between mid Jan & mid April, very popular sites & some less popular sites will have to use privacy preserving age checks or risk getting blocked by French ISPs,” commented Yoti CEO Robin Tombs.

As the ruling also raises questions about European law, particularly for platforms hosted within the EU, the focus on harmonizing age assurance regulations across the continent will likely intensify. Some major platforms that remain accessible for now are awaiting a ruling from the European Court of Justice on this matter.

Source: Le Parisien

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October 18, 2024 – by Cass Kennedy and Alex Perala