Is this the end of adult content in France? Will the Rabelaisian heritage and other frivolities be definitively consigned to oblivion? French justice has just rung the bells of a sector which risks catching cold.
On October 17, 2024, the Paris Court of Appeal rendered a landmark decision concerning access to pornographic sites. By validating the blocking of four sites established outside the European Union, the French justice system is taking a further step in its desire to better regulate access to adult content on the Internet. However, this decision gives rise to debates as to its real effectiveness and the means of guaranteeing the protection of minors from this content.
An emblematic legal decision
This case is rooted in the lawsuits brought by several child and family protection associations, which denounced the ease with which young people could access pornographic content online.
According to these associations, the targeted sites did not put in place sufficient measures to verify the age of their visitors, as provided for by French law. As a result, a request was made to block these platforms.
The Paris Court of Appeal ultimately ruled in favor of these requests. In its judgment, it validated the blocking of four pornographic sites that do not comply with the legislation in force.. These sites are accessible from France and have not complied with French legal obligations regarding age control. The blocking of these sites should be effective from the end of October, with Internet service providers required to comply under penalty of sanctions.
However, implementing this type of blocking is technically complex and controversial. If, in theory, blocking websites is possible via restrictions imposed by ISPs (Internet Service Providers), in practice, these measures can be easily circumvented by seasoned Internet users, in particular through the use of VPNs (private networks virtual) or proxies. Thus, the real scope of this judicial decision remains uncertain as to its long-term effectiveness in protecting minors.
This legal decision is part of a broader context of strengthening regulations around adult content. A few days earlier, ARCOM (Regulatory Authority for Audiovisual and Digital Communication) had taken another measure to try to combat minors’ access to this content. The authority has therefore decided to give a three-month ultimatum to pornographic sites to set up an effective age verification system.
ARCOM requires that these sites now request the use of a credit card or the intervention of a trusted third party to verify the age of visitors. The idea is to ensure that only adults can access pornographic content. This decision comes in response to criticism from associations and the government, who believe that the simple checkbox “I am over 18” is ineffective and easily circumvented.
However, the requirement to provide banking information to access adult sites also raises privacy and data security issues. Users may be reluctant to transmit such information, even on secure platforms. In addition, the implementation of this type of system remains costly and complex for the sites concerned, in particular for those of small size.
= A fundamental trend that raises questions =
Despite these efforts, a question remains: will these decisions and measures really be effective? As it stands, the technical means implemented seem relatively easy to circumvent for anyone who knows a little about IT. Using VPNs to access blocked sites, or resorting to alternatives like the Dark Web, remain handy solutions for users wanting to circumvent restrictions.
In reality, the real issue does not seem to be only technical, but also societal. The issue of young people’s access to online pornography cannot be resolved through repression alone or through age verification systems. For many experts, it is above all a question of education that must take precedence. Raising awareness among young people and their parents of the dangers of exposure to pornography, as well as the risks it can pose on the perception of sexuality, is probably the most effective avenue in the long term.
In conclusion, if the decisions of the Paris Court of Appeal and ARCOM show a firm desire on the part of the authorities to better control access to adult content, they also reveal the limits of these measures in a constantly changing digital world. evolution. It seems that only a global approach combining regulation, technology, and education can really respond to this social problem.
