2023-07-07 16:26:27
Posted Jul 7, 2023, 6:26 PM
Surprise report of the decision of the Paris court in the case between five pornographic sites and the digital regulator. Formally served by Arcom in 2021, Pornhub, XVideos, XHamster, Tukif and Xnxx remain accessible online this Friday, July 7, 2023. The judge preferred to wait for the Council of State to examine two appeals against a decree of 2020 requiring the porn industry to better prohibit minors from accessing their media.
In a press release, Arcom takes note of this decision while stressing “the need to act quickly to protect minors”. In fact, people under 18 are accessing explicit content more and more often and at younger and younger ages. By age 12, more than half of young boys and a third of girls visit an adult video site each month, according to Arcom.
Double Anonymous Age Verification
According to the law, these sites are however totally prohibited for those under 18 years of age. For three years, the platforms have been required to ensure that their users are of majority age, and to establish a more dissuasive barrier to entry. A double-anonymous age verification system or the use of a bank card would replace the current standard of a simple declarative button, such as “Yes, I am over 18”.
The platforms fear that these constraints will lead to declining audiences, including among their adult audience. In the event of a judgment for the blocking, Mindgeek, the porn giant owner of Pornhub and Youporn, does not exclude leaving France without seeking a solution.
Bill under consideration
“It’s a missed opportunity to force pornographic sites not to let our children access their content,” reacted the Minister Delegate for Digital, Jean-Noël Barrot. At the forefront of the subject of online child protection, the minister wanted a blockage. In its digital space security bill, recently passed by the Senate, a measure provides for allowing Arcom to condemn access to sites that do not comply with the law, in just a few weeks and without a judge. The text will be debated in the National Assembly in the fall.
The Council of State will have to establish whether the lack of details on the technical methods for blocking access to at least 18 year olds respects “the principle of legal certainty” for companies, and whether the systems envisaged comply with data protection. personal. According to our information, the Council of State’s decision on these appeals should take place after the summer.
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