France can enforce porn site age checks, says EU court

PARIS: The EU’s top court ruled on Tuesday that France can require pornographic websites based elsewhere in the bloc to verify users’ ages, backing national efforts to shield minors from online adult content.

The European Union (EU) is itself preparing a voluntary age-verification app and countries worldwide are pursuing Australian-style curbs on teenagers’ online access.

Britain on Monday announced plans to ban under-16s from major social media platforms from next year.

The Court of Justice said France’s age-check rules restrict free movement of online services but may be justified on public policy grounds, including the protection of minors.

It said operators of pornographic websites cannot claim a hosting liability exemption for user content they store or rebroadcast if they control that content.

It said such measures can apply to providers established in other EU states if France first asks their home country to act and notifies both that country and the European Commission, except in urgent cases.

Czech firms WebGroup Czech Republic and NKL Associates had challenged French rules requiring publishers of pornographic websites to prevent minors accessing their sites.

The court said the EU’s “country of origin” principle still applies, meaning online services are generally regulated by the member state where they are established.