Access to XHamster, Tukif, Mrsexe and Iciporno must be blocked by Internet service providers within 15 days. The sanction will be lifted if these sites implement real control of the age of their visitors.
This is the end of a long legal drama. The Paris Court of Appeal on Thursday ordered the blocking of several pornographic sites due to the lack of control of the age of users, but it granted a reprieve to the giants of the sector.
Seized by two child protection associations (La Voix de l’enfant and e-Enfance), the court ordered the blocking of the sites XHamster, Tukif, Mrsexe, Iciporno “ within fifteen days »she said in a press release. And this, “ until the implementation by the latter of a control other than purely declarative of the fact that the users are of legal age is demonstrated “. The audiovisual regulatory authority (Arcom) published a framework at the beginning of October to govern the “ reliability of user age control » on pornographic sites while respecting their privacy.
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The Domestic Violence Act of 2020 stipulates that porn sites must verify that minors do not access their content and not be satisfied with a simple declaration of majority. But for years, pornographic sites have been taking legal action to avoid its application.
The Court of Appeal considers that “ the best interests of the child » is a “ primary consideration » which justifies infringing “ other rights such as freedom of expression ». « Prioritize the protection of the privacy of adult consumers ” East ” incompatible with the right of minors to be protected from access ” has “ content inappropriate for their age, likely to endanger their intimate construction, to contribute to addictive phenomena and to promote the dissemination of an inaccurate and degraded image of sexuality », writes the Court.
It is ” a first in France or even in Europe », rejoiced e-Enfance, promising to “ continue our fight“. It is ” a great victory for our children: 4 years after the law of July 30, 2020 and my amendment imposing control of the age of visitors to free pornographic sites, justice ruled today », Rejoices for her part the senator of Saône-et-Loire Marie Mercier, at the origin of an amendment on the subject.
The fate of Pornhub suspended
The other pornographic sites pursued by the two associations, Pornhub, Youporn, Redtube, Xvideos and Xnxx, escape the blocking. Three of them (Pornhub, Xvidéos and YouPorn), established in Cyprus and the Czech Republic, argued that such a decision “ would constitute a restrictive measure prohibited by the principle of free movement of information services » in the EU, the press release said. These sites also argued that the legislation of the European country in which they were hosted should take precedence over French law. This question is currently being studied by the Court of Justice of the European Union (CJEU).
Frédéric Benoist, lawyer for the associations La Voix de l’enfant and e-Enfance, declared “disappointed” by this decision. “ Major sites are escaping a blockade that should be imposed. They are increasing their efforts to make the procedures last “, he regretted, seeing the effect of “ powerful lobby of the pornography industry ». « It is regrettable that the court gave in to the request of five major sites which will continue to shape the Youporn generation, to promote among children the submission of girls to male violence, gang rape ».
According to Arcom, 2.3 million minors visit pornographic sites every month. From the age of 12, more than half of boys using the Internet visit these sites on average every month.
