The "I am 18" buttons are no longer enough: The EU Court supported stricter access rules for adult websites
The Court of the European Union ruled that France has the right to require porn sites to effectively verify users' ages, as well as to restrict the dissemination of notifications about certain police operations through navigation apps. However, before applying such measures to online services operating from other EU member states, French authorities must follow pan-European approval procedures.
What the court decided
The judges concluded that protecting minors from pornographic content and ensuring public safety are legitimate goals that correspond to societal interests.
In particular, the court confirmed that age verification requirements can be applied to online services even when they are registered in another EU country. Such requirements relate to the way the service operates and fall within the scope of regulation provided by EU law.
The case was initiated by operators of popular porn resources WebGroup Czech Republic and NKL Associates, as well as the company Coyote, who challenged France's attempts to apply its rules to services located outside the country.
Why France tightened control
French lawmakers have long argued that a simple "I am 18" label does not provide real protection for children from accessing adult content.
Under current rules, the French media regulator ARCOM can require sites to implement more reliable age verification mechanisms and can also go to court to block resources that refuse to comply with these requirements.
Brussels must be involved
Despite supporting France's goals, the court emphasized that the country cannot act independently regarding services based in other EU states.
Before restricting the activities of such a service, French authorities must:
- consult with the country where the service provider is registered;
- notify the European Commission of their intentions;
- act in accordance with mechanisms provided by EU legislation for cross-border digital services.
Restrictions on police warnings were also recognized as lawful
The court separately considered a dispute regarding navigation services that warn drivers about police checks on the roads.
French authorities believe that such notifications can interfere with detecting drunk drivers, drug-impaired persons, or individuals wanted by law enforcement.
The court agreed that restricting the dissemination of information about certain police operations can be justified from the perspective of public safety. However, in this case too, France must follow pan-European procedures.
The next dispute may concern social networks
Experts believe the decision may influence future discussions about age verification on social networks.
Currently, several EU countries are considering introducing age restrictions for access to social networks. At the same time, lawyers emphasize that unlike porn sites, social networks can perform socially beneficial functions for children and teenagers — providing access to information and freedom of expression.
Therefore, proving the necessity of strict age restrictions for social networks will be significantly more difficult.
What’s next
The EU Court's decision is final and cannot be appealed. Now the cases will return to French courts for further consideration.
At the same time, the key conclusion has already been established: France can require age verification on porn sites and restrict certain police notifications in navigation apps, but it has no right to do so without Brussels' involvement and compliance with EU procedures.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.
