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 © 2026 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

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Show More