After several years of procedure, the Court of Justice of the European Union (CJEU) validates the principle of verifying the age of users on porn sites.
In a judgment, it rules that a Member State, such as France, can impose such measures on platforms established in another EU country. This decision comes in a conflict between the French state and the publishers of the Xvideos and XNXX sites.
What was the heart of the legal dispute?
The conflict was based on the country of origin principle. The publishers of pornographic sites, domiciled in the Czech Republic or Cyprus, maintained that only the legislation of their country of establishment could apply to them, effectively prohibiting France from requiring its own rules.
Seized in March 2024 by the Council of State, the CJEU had to decide this question of digital sovereignty.
The Court confirmed that the regulation of online platforms is in principle the responsibility of the Member State of establishment. However, she clarified that exemptions existin particular for reasons of public order, which includes the protection of minors.
These national measures are considered proportionate, but they can only be applied after asking the State of origin to take appropriate measures itself.
Does this decision change the situation in France?
Paradoxically, this ruling comes when the legislative landscape has already evolved significantly. In 2024, France adopted the SREN law (securing and regulating the digital space).
This new legislative framework took care to respect European procedures, by notifying the European Commission and the States concerned. In fact, most major players in the sector already apply some form of age verification on French territory.
