Luxembourg – 16 June 2026: The European Court of Justice (ECJ) has confirmed in a landmark ruling that EU Member States may require pornographic websites to verify the age of their users, even if they reside in other EU countries. This brings to an end a long legal dispute between French authorities and the operators of pornographic websites.
The action was based on French laws requiring operators of pornographic content to prevent minors from accessing it. To this end, they must install age-verification systems to ensure that persons under the age of 18 cannot gain access. Some operators – including Webgroup Czech Republic and NKL Associates, which operate the Xvideos and XNXX platforms – challenged these provisions, arguing that they violated EU law.
The ECJ has now ruled that such national regulations are in principle permissible, provided that they are proportionate and do not disproportionately restrict the fundamental freedoms of the internal market. It also clarified that the Member State intending to adopt such measures must first invite the operator’s Member State to independently take appropriate child-protection measures.
This decision will have a significant impact on European legislation concerning the protection of minors on the internet. It strengthens the rights of Member States to enforce their own age-verification rules, even when the websites concerned are operated outside their territory. At the same time, it emphasizes the responsibility of platform operators to protect minors effectively.
In France, the ruling has led to stricter enforcement of existing rules. As early as March 2025, an interministerial decree had required operators of pornographic platforms based in other EU Member States to introduce age-verification systems. Companies such as Aylo, the operator of YouPorn and Pornhub, responded by temporarily blocking access from France and initiating legal proceedings. However, in September 2025, the Conseil d’État, France’s highest administrative authority, upheld the age-verification requirement by rejecting the operators’ appeal.
With today’s ruling, the ECJ is sending a clear signal in favor of protecting minors in the digital world. The decision contributes to harmonizing child-protection rules in the European Union and may serve as a reference for other Member States considering similar legislative measures. It demonstrates that national age-verification laws also apply to cross-border providers, thereby strengthening the digital responsibility of operators.
In summary, the ECJ’s verdict represents a decisive turning point in the balance between the fundamental freedoms of the internal market and the protection of minors on the internet. It documents the growing importance of protecting young people in the digital age and expands the scope for action by Member States to effectively prevent minors from accessing pornographic content.
Sources
- ECJ ruling on age verification on pornographic websites
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