Since the entry into force of the law on domestic violence of July 30, 2020, the companies concerned cannot exonerate themselves from their responsibilities by simply asking an Internet user if he or she is of legal age.
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The Superior council of audio-visual raises the tone. The regulator has put five pornographic sites on notice (Pornhub, Tukif, Xhamster, Xvideos, Xnxx), ordered to prevent minors from accessing their content within 15 days, under penalty of seeing their platforms blocked by judicial decision, he announced Monday, December 13. “We appeal to the responsibility of operators who must put in place the necessary measures to prevent minors from accessing their content”, writes the CSA. “The regulator ensures, in accordance with the law, its mission of protecting minors”, argues authority.
The penal code prohibits exposing minors to pornographic photos and videos and the law on domestic violence of July 30, 2020 specifies that the companies concerned cannot exonerate themselves from their responsibilities by simply asking an Internet user if he is major. Since the entry into force of this law, the CSA can seize the president of the judicial court who can request the blocking of the offending sites to the providers of Internet access.
The CSA made this decision after being informed at the end of November 2020 by three associations, the Observatory for parenthood and digital education (Open), the National Union of Family Associations (Unaf) and the French Council of Associations for children’s rights (Cofrade). These three organizations initially targeted eight pornographic sites. The latter were, they wrote at the time, in violation because “they only included a simple ‘disclaimer’ – in other words, a warning message allowing the Internet user to declare that they were of legal age – for the sole purpose of restricting their access by minors”.
“We are very happy with this initiative of the CSA and confident that it will succeed”, reacted to AFP Justine Atlan, director of the e-Enfance association, which had brought a legal action with another association, La Voix de l’Enfant, to demand the blocking of pornographic sites by French suppliers of ‘Internet access. Their request was rejected in early October. “It is important to put pressure on pornographic sites so that they cannot continue to violate the legal framework of the industry they have chosen, which stipulates not to expose minors to pornography,” she added.