EU Advocate General: France Can Require Foreign Sites to Implement AV

EU Advocate General: France Can Require Foreign Sites to Implement AV

LUXEMBOURG — An advocate general of the European Union’s Court of Justice on Thursday advised the court to rule that France may require pornographic websites based in other EU states to implement age verification in accordance with French law.

Advocate General Maciej Szpunar delivered the nonbinding legal opinion in a case involving WebGroup Czech Republic, which operates XVideos.com, and NKL Associates, which operates XNXX.com.

The two companies had appealed to France’s Council of State, the nation’s highest administrative court, contending that French media regulator Arcom does not have the power to compel sites based outside of France to follow French AV regulations. The companies argued that such action by Arcom would violate the “country of origin” principle in the EU’s Directive on Electronic Commerce, which states that online platforms “should be supervised at the source of the activity” and “should in principle be subject to the law of the Member State in which the service provider is established.”

The French Council of State asked the EU Court of Justice to advise on the matter, and the court held a hearing in March.

In an opinion delivered Thursday, Szpunar stated that the obligation of websites to prevent minors from accessing adult content does fall within the Directive’s “coordinated field,” meaning that the rule can apply to sites from other EU member states as well.

That opinion is not binding on the Court of Justice, which must still render judgment. It will then be up to France’s Council of State to “dispose of the case in accordance with the Court’s decision,” Thursday’s press release notes.

As XBIZ reported last month, XVideos and XNXX are among several websites that Arcom has called out for failing to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law. Should the sites fail to comply, Arcom plans to initiate delisting and blocking proceedings against them.

There has been controversy over whether Arcom has jurisdiction to regulate companies based in other EU member states and what procedures would have to be followed. Arcom asked media regulators in the Czech Republic to aid in enforcing its AV rules, but those agencies declined on the grounds that they lack sufficient legal means to enforce the French law in their countries.

As XBIZ reported in May, the European Commission is investigating XVideos and XNXX for suspected breaches of the Digital Services Act (DSA), after preliminarily finding that the platforms do not comply with a DSA requirement to put in place age verification tools to safeguard minors from adult content.

Should the EU Court of Justice follow Szpunar’s recommendation, France is almost certain to give internet service providers the go-ahead to block adult sites if requested to do so by Arcom. Such a ruling would also set precedent for other EU member states on matters of jurisdiction involving age verification laws.

Copyright © 2025 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

French Telecoms Mogul Ignites AV Firestorm With Free VPN, Sarcastic Tweet

French billionaire Xavier Niel, founder of telecommunications giant Iliad S.A., ignited a heated debate this week when he appeared to admit that the no-cost VPN his Free Mobile wireless carrier has integrated into its service was deliberately designed to circumvent age verification restrictions and allow customers to access adult content.

UPDATED: Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Taliban Restricts Access to Adult Content by Shutting Down Internet

The Taliban has shut down internet access across a large portion of Afghanistan in a move to prevent what it deems "immoral activities."

Go.cam Launches Video Spoofing Protection

Go.cam has announced that its verification solution now features security against video spoofing.

SexLikeReal Releases 'VR Self-Care' Guide

SexLikeReal (SLR) has published a blog post spotlighting “VR Self-Care.”

Brady Mills Agency to Launch 'AgeWallet' Subscription AV Solution

Tech company Brady Mills Agency announced that its subscription-based merchant age verification solution, AgeWallet, will launch in November.

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Show More