France's Porn Block: Details of MindGeek's Constitutional Challenge Explained

France's Porn Block: Details of MindGeek's Constitutional Challenge Explained

PARIS — Legal analysts published this week a detailed explanation of MindGeek’s ongoing constitutional challenge against a French media regulatory agency’s attempt to completely block adult sites in the country over age-verification compliance.

As XBIZ reported, the current case moving through French court originated with a War on Porn-driven attempt by French non-profit groups claiming to be acting on behalf of “the children.”

Julia Apostle and Meg Hennessey of San Francisco-based international law firm Orrick, Herrington & Sutcliffe LLP published their analysis on legal resource site JD Supra.

Apostle and Hennessey noted that during a Sept. 6 hearing, “lawyers acting for MG Freesites Ltd. (operators of the Pornhub website), raised a constitutional challenge against a recent law that permits France’s online content regulator (ARCOM) to seek a blocking order targeting websites that fail to prevent minors from accessing online pornography.”

Two days later, the Paris Judicial Tribunal “issued a decision requiring all parties to attend a mediation-information session in the hopes of finding a solution.”

The decision about “whether to refer the constitutional challenge to the higher court” is expected on Oct. 4, when the Tribunal must decide whether MindGeek’s challenge “meets the criteria to be sent to the French Cour de Cassation for full arguments.”

ARCOM Failed to Provide Guidance on Age Verification

According to Apostle and Hennessey, the constitutional challenge raised by MindGeek depends on two arguments: 1) “Given the absence of effective technical solutions it is not possible for the company to comply with the law and thus the law is unconstitutional,” and 2) “The law violates freedom of expression due to its lack of proportionality, with a particular emphasis on its ultimate ineffectiveness (due to the widespread use of VPNs) and an absence of necessity in light of a recently adopted law that will require terminals devices to default to parental controls.”

The legal analysts point out that media regulator ARCOM “has not released any guidance regarding age verification tools that it would consider sufficient to comply with the French Criminal Code provision.”

Moreover, MindGeek lawyers argue that ARCOM “also failed to respond to repeated requests to engage in discussions regarding possible solutions,” confusingly answering one of the queries by claiming that “there may be as many viable solutions as porn sites available in France, a figure estimated to be approximately 4 million, according to MG Freesites.”

To compound the confusion, French data protection regulator CNIL recently stated in a report on age verification that “there are currently no available solutions that are both effective and privacy preserving.” 

ARCOM’s lawyers maintain that the constitutional challenge presented by MindGeek’s lawyer does not meet the criteria to be sent to the French Cour de Cassation for full arguments.

For more of XBIZ’s ongoing coverage of the attempt to block all adult sites in France, click here.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Fleshy to Launch Interactive Cam Site 'Eremote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eremote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Byborg Invests $22.35M in PLBY Group

Luxembourg-based Byborg Enterprises SA is investing $22.35 million in Playboy parent company PLBY Group.

Supreme Court to Hear Oral Arguments on Texas AV Law in January

The United States Supreme Court has scheduled oral arguments for Free Speech Coalition's challenge to Texas’ age verification law to take place Wednesday, Jan. 15.

2025 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2025 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 15 in conjunction with the XBIZ 2025 conference.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Show More