Protecting person under 18s from online pornography: Arcom issues formal notice to two websites to comply with penal code
In accordance with the law of May 21, 2024 aimed at securing and regulating the digital space (SREN law), Arcom now has the power to impose legal sanctions on pornographic sites left accessible to persons under 18, in infringement of French criminal law.
On March 6, Arcom sent letters of observation to the providers of five services that allowed person under 18s to access pornographic content, without age verification. As the law makes provision for, this was the first step prior to any demand for blocking, delisting or even a financial sanction [1].
Of these five services, two have not yet set up an age verification scheme.
As a result, Arcom is giving notice to the providers of these two services to comply with their obligations. These companies have a further fifteen days to comply, as stipulated by law. If, at the end of this period, an age verification scheme has not been set up, Arcom may demand their blocking and delisting, or impose legal sanctions.
Arcom also found that the three other services whose providers had received letters of observation had implemented an age verification solution. Arcom's services are already in contact with the sites concerned to ensure the effectiveness of the solutions put in place. The AMF has therefore decided not to issue a formal notice.
The AMF thus reaffirms its commitment to the protection of person under 18s on the Internet, in general, and the protection of minors against online pornography, in particular.
As of June 7, it will also be responsible for verifying the compliance of several pornographic platforms established in other European Union member states.
Arcom also summons the European Commission to rapidly adopt its guidelines on the protection of persons under 18 online, as a fully effective European manager is ultimately the appropriate level of regulation.
[1] On the same day, Arcom also demanded the blocking of another pornographic site which gave access to its content to persons under 18 and had not made available the identity of its provider or its postal address.
Press release
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