Pornographic websites based in EU nations, excluding France, are now required to implement age verification systems to prevent minors from accessing their content. This mandate follows a recent decree and is part of a broader legal framework aimed at enhancing online child protection. Companies like Aylo, overseeing major platforms such as PornHub and YouPorn, have three months to comply or face sanctions, including potential site blocking. Concerns remain about the effectiveness and privacy implications of these measures.
Pornographic websites operating from European Union (EU) nations outside of France, including major platforms like PornHub and YouPorn, are now mandated to verify the ages of most of their users or face potential sanctions.
As per a ministerial decree issued on Thursday, this requirement falls under a legal framework established in January, which previously applied only to websites based in France and non-EU territories.
The delay in implementation was attributed to the time needed to create a process for Arcom, the French digital regulatory authority, to inform relevant countries about any violations of French law.
The Aylo group, which oversees YouPorn and PornHub and is based in Cyprus, along with Jacquie and Michel from Hungary and Spain, have a three-month period to develop an age verification system that respects user privacy and is deemed effective. Failure to comply could lead to sanctions, including blocking access to their sites, as outlined by the Ministry of Culture.
Arcom has indicated that it will keep tabs on seventeen prominent European platforms as part of its monitoring efforts.
This decree is seen as a significant step toward preventing minors from accessing the most popular pornographic websites in France, marking an important advancement in online child protection, according to the ministry.
Within the three-month timeframe, these platforms must implement a system that requires users to provide a photo or an identification document, ensuring at least one method that maintains double anonymity, allowing proof of age without revealing personal identity.
Failure to meet these requirements could result in sanctions from Arcom, which, under the newly adopted Sren law aimed at enhancing internet security, has the authority to order telecom providers to block access and de-index non-compliant sites.
In a recent update, the digital authority disclosed that they had conducted checks on six of the most popular services since January.
“None of these services had set up an age verification system, despite being required to do so,” noted Arcom, which plans to notify them via email, marking the first step towards potential access blockage.
A Long-Awaited Solution
The implementation of an age verification system has been a long-standing demand from child protection organizations.
Justine Atlan from e-Enfance expressed satisfaction with the progress made in this lengthy endeavor, stating that she is pleased that these major players in the adult industry can no longer evade French regulations due to technicalities. Various collectives have pursued legal action in recent years to attempt to restrict access to certain adult sites.
According to a study by Arcom conducted in early 2024, nearly 40% of children access pornographic websites on a monthly basis.
In December, the Aylo group acknowledged their awareness of the new regulations and their commitment to comply with the law, although they criticized the measures as “ineffective” and “dangerous” for user safety and privacy.
Aylo has consistently advocated for user age verification; however, they argue that many global implementations of this verification process are ineffective and pose risks, citing the collection of sensitive personal data that could compromise user safety.
“The optimal solution is to verify age at the source—on the device,” the group suggested, promoting the idea of parental controls.
When contacted by AFP, the French site Tukif, which currently employs an age verification system, expressed skepticism about the new procedure, fearing it could lead to a “counterproductive effect” that pushes traffic to less regulated platforms, ultimately worsening the situation for minors seeking access to adult content.
Despite the strategies in place by Arcom, methods to bypass these restrictions, such as using a VPN (virtual private network) or mirror sites that replicate original pages under different domain names, still exist.
Other nations, including the United Kingdom and Germany, have also enacted age-related access restrictions for adult websites.