The Court of Justice of the European Union has ruled that member states such as France can require pornographic websites to verify the age of their users, even when the sites are based in another EU country.
The case
France passed a law requiring pornography sites to check that users are adults. Two companies based in the Czech Republic, which operate major adult sites, challenged the law. They argued that under EU rules on electronic commerce, they should only have to follow the law of the country where they are established.
The ruling
The court accepted that national age-verification requirements restrict the free movement of online services, but concluded that protecting minors is a legitimate public interest that can justify such restrictions. France can therefore apply its rules to sites offering their services to users in France, wherever the company is based.
The court also made clear that platforms cannot avoid responsibility by arguing that they simply host content uploaded by users.
The conditions
Before a country can impose its rules on a site based elsewhere in the EU, it must follow a procedure:
- ask the country where the site is established to take action;
- give that country the chance to adopt appropriate measures;
- notify the European Commission.
Only if the home country fails to act can the other state apply its own measures.
What it means
The ruling strengthens the hand of governments seeking to prevent children from accessing pornography. Companies will need reliable age-verification systems, such as ID checks or third-party verification apps, for users in countries that require them.
Critics of age verification warn about privacy risks, arguing that users may be forced to share sensitive personal data. Supporters say technology now allows age checks without revealing identity, through systems that only confirm whether a user is over 18.
Spain and Europe
Spain is working on its own legislation to protect minors online, including age verification, and the European Commission has been developing an age-verification app intended to work across the EU while protecting privacy. Under the Digital Services Act, the Commission has also opened proceedings against several large adult platforms over the protection of minors.
The ruling suggests that the era of open access to adult content online, at least in Europe, is coming to an end.
