France appeals porn site ruling based on EU legal grounds

The French government is challenging a recent decision by the Administrative Court of Paris that temporarily halted the enforcement of mandatory age verification on pornographic websites based in the EU. The court found France’s current approach potentially inconsistent with the EU law—specifically the 2002 E-Commerce Directive—which upholds the ‘country-of-origin’ principle.

That rule limits an EU country’s authority to regulate online services hosted in another member state unless it follows a formal process involving both the host country and the European Commission. The dispute’s heart is whether France correctly followed the required legal steps.

While French authorities say they notified the host countries of porn companies like Hammy Media (Xhamster) and Aylo (owner of Pornhub and others) and waited the mandated three months, legal experts argue that notifying the Commission is also essential. So far, there is no confirmation that this additional step was taken, which may weaken France’s legal standing.

Digital Minister Clara Chappaz reaffirmed the government’s commitment to enforcing age checks, calling it a ‘priority’ in a public statement. The ministry insists its rules align with the EU’s Audiovisual Media Services Directive.

However, the court’s ruling highlights broader tensions between France’s national digital regulations and overarching the EU law. Similar legal challenges have already forced France to adjust parts of its digital, influencer, and cloud regulation frameworks in the past two years.

The appeal could have significant implications for age restrictions on adult content and how France asserts digital sovereignty within the EU. If the court upholds the suspension, other digital regulations based on national initiatives may also be vulnerable to legal scrutiny under the EU principles.

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