MÜNSTER, Germany — A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.
As XBIZ reported last year, the State Media Authority of North Rhine-Westphalia (LfM) ordered Telekom and Vodafone to block the Aylo sites for failing to comply with German age verification regulations. In November, however, the Administrative Court of Düsseldorf ruled that the LfM could not require blocking of the adult sites until the Higher Administrative Court for the State of North Rhine-Westphalia reached a decision on pending appeals of earlier orders against the sites. At issue was whether provisions of Germany’s Youth Media Protection Interstate Treaty (JMStV), which underlie the blocking orders, violate overriding EU law.
The higher court has now reached its decision, ruling that the blocking orders do likely violate EU law, since under the EU’s Digital Services Act (DSA), websites are generally only required to comply with the laws regulating their services in their home member state.
This same “country of origin” principle was in play when Luxembourg media regulator recently fined webcam platform LiveJasmin for failing to comply with provisions of Luxembourg’s Electronic Media Law, even though alleged violations involved access in other EU member states. It also guided rulings earlier this year in age verification cases in Italy and France.
The court noted that since February 2024, protection of minors online is uniformly regulated for the entire EU by the DSA, meaning the LfM lacks jurisdiction to order blocking measures. However, a press statement from the Higher Administrative Court clarified that the ruling does not mean online platforms from other EU countries can allow minors in Germany to access adult content. Rather, the DSA provides an international legal framework for authorities to take action against violations of AV obligations by online platforms.
“The member state in which the respective platform operator has its headquarters is responsible for corresponding supervisory measures,” the statement notes.
Both Aylo sites are based in Cyprus. However, because the European Commission classifies Pornhub as a “very large online platform” (VLOP), it is subject to regulation directly by the Commission, while YouPorn is subject to regulation by Cypriot authorities. That is because, under the DSA, sites and platforms that reach at least 45 million monthly active EU users are designated as VLOPs.
In March, the Commission preliminarily found Pornhub — as well as Stripchat, XNXX and XVideos — to be in breach of DSA provisions intended to shield minors from adult content. However, those cases remain ongoing.
