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The French Minister for Culture and the Minister for AI and the Digital Economy had sought the annulment of the interim order of 16 June 2025 (see IRIS 2025-7:1/14) which, at the request of the operator of the Cyprus-based xHamster website, had suspended the order of 26 February 2025 requiring 17 pornographic websites (including its own) established in another EU member state to implement an effective system for verifying their users’ age. The Conseil d’Etat (Council of State) ruled that the interim relief judge of the Paris Administrative Court had erred in law by relying solely...

Article 1-3 of the Law of 21 June 2004 on confidence in the digital economy (LCEN), created by Article 12 of the Law of 21 May 2024 aimed at securing and regulating the digital space, requires any producer of pornographic content simulating simple, aggravated or incestuous rape to display, before and during its distribution, a message warning all users, regardless of age, of the illegal nature of the behaviour depicted. Decree no. 2025-767 of 4 August 2025, which implements this provision, specifies the wording of the message warning users of such pornographic content, as well as how it should...

A number of associations are seeking the annulment, on grounds of ultra vires, of decree no. 2023-432 of 3 June 2023 implementing Articles 6-1-1 and 6-1-5 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (as amended by the Law of 16 August 2022), and Regulation (EU) 2021/784 of 29 April 2021 on addressing the dissemination of terrorist content online. This decree designates the administrative authority with jurisdiction to issue injunctions for the removal of terrorist content, specifies the procedures for exchanging information between the authorities concerned and lays...

The operator of the xHamster website asked the interim relief judge to suspend the order of 26 February 2025 identifying, pursuant to Article 10-2 of the Law of 21 June 2004, 17 online video-sharing websites operated by providers established in another EU member state and requiring them to implement an effective age verification system for users of their sites that broadcast pornographic content, subject to financial penalties and blocking or delisting measures ordered by the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator...

Webgroup Czech Republic AS and NKL Associates SRO raised a priority question of constitutionality in support of their requests for the annulment of decision no. 2024-20 of 9 October 2024 of the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM). The ARCOM decision concerns the reference framework for determining the minimum technical requirements applicable to age verification systems designed to prevent minors from accessing pornographic content, and was issued in accordance with Article 10(I) of the Law of...