The court criticizes the applicant associations e-Enfance and La Voix de l’enfant for having “not acted, nor attempted to act” against the nine sites targeted.
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The Paris Court of Appeal confirmed, Thursday, May 19, the rejection of the request sent by two child protection associations to French telecom operators to block access to several pornographic sites, accused of not prevent exposure of minors to their content.
The Penal Code prohibits exposing minors to pornographic photos and videos, but the court criticizes the requesting associations e-Enfance and La Voix de l’enfant, whose requests had already been dismissed in October, for not having “did not act or attempt to act” against the nine targeted sites, while their owners or publishing companies are identifiable and communicate an address located in the European Union, she explained.
However, blocking by internet service providers (ISPs) can only occur as a last resort, after the applicants have demonstrated “the impossibility of acting effectively and quickly against the host, against the publisher or against the author of the disputed content”.
Several of the sites concerned are video hosting platforms which appear among the 50 most popular sites in France, according to a ranking established by the analysis company Similarweb. Seven of them are in a parallel procedure, summoned by Arcom (ex-CSA) to lock their access for minors.