PARIS — The Paris Administrative Court has suspended enforcement of age verification regulations for sites based in other European Union member nations, pending a final judgment on whether France’s AV rules align with EU standards.
France’s Security and Regulation of the Digital Space (SREN) law requires adult sites accessible in the country to implement age verification of users. Cyprus-based Hammy Media, which operates the adult site xHamster, challenged the rule’s application to sites based in other EU countries.
At issue is whether France can regulate companies based in other EU member states, and what procedures would have to be followed. As XBIZ reported last month, government officials in Luxembourg rebuffed a French government request to help enforce SREN by taking action against webcam platform LiveJasmin. The officials rejected the idea that Luxembourg is obligated to enforce French laws.
In addition, news site MLEX recently reported that SREN is under scrutiny by the European Commission, citing a letter from an official in the commission’s digital department expressing concern about whether the French law is in compliance with existing European laws such as the Digital Services Act.
As XBIZ reported earlier this month, Pornhub parent company Aylo recently opted to block access to its sites in France rather than comply with AV requirements under SREN. In the wake of the court's decision, the company has now reversed that move and made the sites available again, Politico is reporting.
In a statement issued Wednesday, French authorities said they plan to appeal to the Council of State to reinstate SREN’s age verification rules.
“ARCOM retains the right to take immediate action against sites established in France and outside the European Union,” the statement reads.
French media regulator ARCOM is charged with enforcing SREN.
“We are also continuing to work with the European Commission to strengthen the age verification requirements of pornographic sites established in the European Union,” the French government statement notes.