The legal battle continues between porn sites and ARCOM. This time, the Council of State has just ruled in favor of the regulator.
Several pornographic sites, including Pornhub and Xvideos, had asked the highest French administrative court to invalidate a formal notice from ARCOM (formerly CSA) which ordered them to close access to their platform to minors.
ARCOM wants to protect minors from pornography
The battle is now over 2 years old. Since the vote of the law of July 30, 2020, pornographic sites must put in place procedures to close their doors to minors. The simple declaration of majority required at the entrance to these sites is no longer considered a relevant safeguard.
However, if the law provides that the president of ARCOM has the power to request the blocking of recalcitrant sites, the judicial reality has proved to be more complicated. The audiovisual and digital regulator has thus never been able to obtain satisfactory solutions for the protection of minors. In December 2021, he had thus sent a formal notice to various pornographic sites.
Several of them, namely Pornhub, Xvideos and Xnxx, had challenged this action and went to the Council of State to ask that ARCOM be dismissed. With the rejection of their appeals, the independent public authority considers that ” the consequences of this case are therefore only in the hands of the judicial judge “.
The difficulty of the technical means of blocking highlighted
If the desire to protect minors from pornographic content is commendable, it nevertheless raises an obvious question: how to do it? The Secretary of State for Children Charlotte Caubel had proposed in this context the registration of a blue card at the entrance to the site, even for zero payment, the objective being simply to put adult supervision back into the Game.
” We are opposed that it would not be a perfect filter, but already, if we can protect 30 or 40% [des mineurs], let’s be pragmatic. My child, when he uses his credit card, I get an alert, I’ll see if it’s on YouPorn or on McDo “, had thus pleaded the Secretary of State.
However, this solution appeared to many to be particularly invasive. For its part, the CNIL had found it ” imperfect “.
Sources: BFM TV, Board of state
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