The Court of Justice of the European Union (CJEU) has clarified the conditions under which EU Member States may require age verification for users of pornographic websites and restrict the rebroadcasting of information about certain roadside checks.
The ruling concerns joined cases involving WebGroup Czech Republic, NKL Associates and Coyote System. The cases were referred by France’s Council of State and concerned French measures requiring pornographic websites to verify users’ ages and allowing restrictions on geolocation driving assistance services that rebroadcast information about certain roadside checks.
The companies argued that the measures breached the country-of-origin principle under the Directive on electronic commerce. Under that principle, information society services are generally governed by the laws of the Member State in which the provider is established.
The Court found that the contested measures, including age verification requirements, fall within the directive’s coordinated field and that applying them to providers established in other Member States constitutes a restriction on the free movement of the services concerned. However, it said the directive allows such restrictions under certain conditions.
The CJEU said Member States may impose measures on providers established elsewhere in the EU where necessary for recognised objectives such as public policy, public security, or public safety. According to the Court, protecting minors through age verification may constitute a public policy objective, while restrictions on rebroadcasting information about certain roadside checks may be justified on public security grounds.
The Court said such measures must be proportionate and targeted at specific information society services that actually prejudice those objectives. Except in urgent cases, the Member State taking the measure must first ask the provider’s Member State of establishment to act and must notify the European Commission and that Member State before adopting the measure.
The ruling means an EU Member State may require providers established in another Member State to introduce age verification systems to prevent minors from accessing pornographic websites, provided the directive’s conditions are met. The referring French court must determine whether the national age verification measures satisfy those conditions.
The Court also addressed liability for information stored and rebroadcast by online services. It said a provider cannot rely on the hosting liability exemption if it has knowledge of or control over the information. Control can exist when a provider uses an algorithm to determine the conditions, methods and priority according to which information is rebroadcast.
The decision therefore clarifies both the limits of the e-commerce country-of-origin principle and the circumstances in which algorithmic control over content distribution may affect platform liability.
Why does it matter?
The ruling provides important guidance on how EU Member States can pursue online safety objectives while respecting the Digital Single Market’s country-of-origin principle. In particular, it confirms that age verification requirements aimed at protecting minors may be applied to providers established in other Member States, provided procedural safeguards and proportionality requirements are met.
The judgement also has broader implications for platform governance and intermediary liability. By highlighting the relevance of algorithmic control in determining whether a provider can benefit from hosting liability exemptions, the Court contributes to ongoing debates about platform responsibility, content moderation and the legal consequences of algorithm-driven content distribution.
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