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EU court backs France’s age checks for porn sites from abroad

By Pamella Goncalves ·
EU court backs France’s age checks for porn sites from abroad

The European Union’s top court has given France a stronger legal footing to require pornographic websites based in other member states to verify users’ ages, a ruling that could carry consequences well beyond adult content. By backing Paris in a dispute over cross-border services, the Court of Justice signaled that national governments can still police online platforms inside the single market when child protection is at stake.

The judgment, issued on June 16, 2026, came in joined cases C-188/24 and C-190/24, involving WebGroup Czech Republic and NKL Associates, the companies linked to XVideos and XNXX, and Coyote System. France’s age-verification regime rests on Law no. 2024-449, the SREN law, adopted on May 21, 2024. Arcom, the French digital regulator, adopted its technical reference framework on October 9, 2024 and gave affected services three months to comply.

The court said France’s measures do restrict the free movement of online services across the bloc, but it found that the restrictions can be justified on public-policy grounds because protecting minors is a legitimate objective. In a separate but related point, the judges said providers cannot invoke a hosting-liability exemption when they control the information they store or rebroadcast, sharpening the legal line between passive intermediaries and platforms that exercise real editorial power over content.

The ruling also preserved a procedural check on unilateral national action. In most cases, France must first ask the provider’s home member state to act and notify the European Commission, though urgent cases can move faster. That requirement matters because it keeps the door open for cross-border enforcement while limiting the risk that one country sets online rules without coordination.

AI-generated illustration
AI-generated illustration

The decision lands as Europe is moving toward broader age-verification rules online. The European Commission has urged countries to speed deployment of an EU age-verification app and wants it available by the end of 2026, using anonymous proof-of-age technology designed to protect privacy. Reuters noted that France is among the countries planning wallet integrations for the tool, even as Britain announced the same day a plan to ban under-16s from major social media platforms starting next year.

For France, the judgment clears a path to enforce a regime already tested in domestic law and before the Conseil d’État. For the wider internet, it suggests age checks are shifting from a niche compliance question into a central feature of digital regulation, with porn sites likely to be the first major test case and not the last.

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