Luxembourg

[LU] LiveJasmin service providers fined €20,000

IRIS 2025-9:1/6

Amélie Lacourt

European Audiovisual Observatory

The decision issued on 7 August 2025 by the Luxembourg Independent Audiovisual Authority (ALIA) follows a self-referral concerning the LiveJasmin video-sharing platform. In the course of its investigation, the ALIA assessed the compliance of the age-verification measures implemented by the providers JWS Americas S.à r.l. and JWS International S.à r.l. with Article 28 septies of the amended Law of 27 July 1991 on Electronic Media, transposing article 28 ter of the Directive on audiovisual media services.

LiveJasmin offers its users access to sexually explicit content reserved for adults, mainly in the form of live webcam communications. To access this content, users must purchase credits, which are offered in a range of price packages. Although the videos are blurred before payment, some suggestive information remains visible.

Following a dialogue with the providers, ALIA deemed the solutions put in place by the latter to be insufficient: methods based solely on the users' self-declaration, generic messages indicating that access is restricted to adults, systems based exclusively on the use of a bank card, and identification systems based on public information. ALIA recommends the implementation of solutions based on the analysis of official identity documents and/or biometric technologies, such as those provided by Yoti or Incode.

Given the lack of an effective verification solution, the provider points out that there is no consensus, at either international or European level, on a verification method deemed to be "highly effective". However, within two weeks, ALIA requested details of the actual implementation of this solution, as well as the moderation criteria applied to freely accessible content.

The providers then indicated that they had adopted a "global" approach, applicable by default in all jurisdictions, except where stricter legal obligations impose specific measures. These age-verification solutions have therefore been fully deployed only in countries where legal obligations have been identified.

According to ALIA, in accordance with the country-of-origin principle, Luxembourg has jurisdiction to ensure compliance with legal obligations relating to the protection of minors throughout the European Union. The failure to deploy appropriate measures in certain member states thus constitutes a manifest, serious and grave infringement of paragraphs 1 and 3(f) of Article 28 septies of the Electronic Media Act.

In view of the efforts made by the providers and the concrete undertakings given to comply with the Electronic Media Act by 30 September 2025 at the latest, ALIA has decided to impose a joint and several fine of €20 000 on JWS Americas S.à r.l. and JWS International S.à r.l. for their joint participation in the alleged infringements.