France's Porn Block: Details of MindGeek's Constitutional Challenge Explained

France's Porn Block: Details of MindGeek's Constitutional Challenge Explained

PARIS — Legal analysts published this week a detailed explanation of MindGeek’s ongoing constitutional challenge against a French media regulatory agency’s attempt to completely block adult sites in the country over age-verification compliance.

As XBIZ reported, the current case moving through French court originated with a War on Porn-driven attempt by French non-profit groups claiming to be acting on behalf of “the children.”

Julia Apostle and Meg Hennessey of San Francisco-based international law firm Orrick, Herrington & Sutcliffe LLP published their analysis on legal resource site JD Supra.

Apostle and Hennessey noted that during a Sept. 6 hearing, “lawyers acting for MG Freesites Ltd. (operators of the Pornhub website), raised a constitutional challenge against a recent law that permits France’s online content regulator (ARCOM) to seek a blocking order targeting websites that fail to prevent minors from accessing online pornography.”

Two days later, the Paris Judicial Tribunal “issued a decision requiring all parties to attend a mediation-information session in the hopes of finding a solution.”

The decision about “whether to refer the constitutional challenge to the higher court” is expected on Oct. 4, when the Tribunal must decide whether MindGeek’s challenge “meets the criteria to be sent to the French Cour de Cassation for full arguments.”

ARCOM Failed to Provide Guidance on Age Verification

According to Apostle and Hennessey, the constitutional challenge raised by MindGeek depends on two arguments: 1) “Given the absence of effective technical solutions it is not possible for the company to comply with the law and thus the law is unconstitutional,” and 2) “The law violates freedom of expression due to its lack of proportionality, with a particular emphasis on its ultimate ineffectiveness (due to the widespread use of VPNs) and an absence of necessity in light of a recently adopted law that will require terminals devices to default to parental controls.”

The legal analysts point out that media regulator ARCOM “has not released any guidance regarding age verification tools that it would consider sufficient to comply with the French Criminal Code provision.”

Moreover, MindGeek lawyers argue that ARCOM “also failed to respond to repeated requests to engage in discussions regarding possible solutions,” confusingly answering one of the queries by claiming that “there may be as many viable solutions as porn sites available in France, a figure estimated to be approximately 4 million, according to MG Freesites.”

To compound the confusion, French data protection regulator CNIL recently stated in a report on age verification that “there are currently no available solutions that are both effective and privacy preserving.” 

ARCOM’s lawyers maintain that the constitutional challenge presented by MindGeek’s lawyer does not meet the criteria to be sent to the French Cour de Cassation for full arguments.

For more of XBIZ’s ongoing coverage of the attempt to block all adult sites in France, click here.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

Show More