The French Council of State rejected the request of a company to suspend the obligation to verify the age of users imposed on certain pornographic content distribution services based in other European Union Member States, “on the grounds of lack of urgency”.

The highest court for administrative justice, stated in a press release that “the company applying for suspension failed to demonstrate that this measure would cause serious and immediate harm to its economic situation”.

“The measure imposed does not constitute a ban on distributing pornographic content to adults, but only requires the implementation of effective age verification systems, within the framework of the guarantees provided for by law”, it added.

Furthermore, the Council of State  “took into consideration the public interest in protecting minors”, and stressed that “the measure is likely to contribute to the goal of protecting minors, as intended by the law of 21 May 2024”.

A law to protect minors

The Digital Space Regulation (SREN) of May 21, 2024, “aimed at securing and regulating the digital environment, overhauled the legal framework for protecting minors from access to online pornographic content”, explained the Council of State.

In order to achieve that, it “requires certain services broadcasting this type of content to implement user age verification systems in compliance with a reference framework determined by the French Regulatory Authority for Audiovisual and Digital Communication (Arcom)”.

In a order dated February 26, 2025, the minister of Culture and the minister Delegate for Digital Affairs, “made this obligation applicable to certain providers operating in other European Union member states.