Tech

PornHub, XHamster, Xvideos: justice rejects ISP blocking request

For several months now, many pornographic sites have been in the crosshairs of French justice and associations for the defense of minors. These platforms are criticized for doing nothing to prevent the youngest from accessing this adult content. Finally, the blocking by the ISPs will not take place, the justice having rejected on appeal the request made by these associations.

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As you may know, ARCOM, the new audiovisual and digital policeman, has been waging war on pornographic sites for several months. Since the amendment of the law on domestic violence of July 30, 2020, X sites can no longer be satisfied with confirming or not the majority of a user via a simple declaration on honor.

From now on, these platforms must set up the system of their choice to offer efficient and reliable age verification users. The goal is to prevent minors from easily accessing it. In December 2021, 5 popular porn sites such as Xvideos, PornHub and PornHub were ordered to implement these measures. Faced with the inaction of these structures, ARCOM took legal action to demand the blocking of these sites by French ISPs.

On this file, we are precisely waiting the final response of the Paris courtscheduled for a hearing this May 24. In April 2022, YouPorn and RedTube joined the club of X sites threatened with closure, for the same reasons. Note that two associations for the defense of minors, namely the Voice of the Child and e-Enfance, have also decided to take legal action on their side for the same reason.

Also read: Pornhub – searches for videos of “Ukrainian girls” explode on the porn site

The Paris Court of Appeal rejects the blocking request

However, we have just learned that the Paris Court of Appeal has just reject the request made by these two organizations. An astonishing decision, especially since these X sites still do not prevent minors from accessing their content (which is strictly prohibited by the penal code). Why such a verdict then? The justice criticizes the applicant associations for having “not acted, nor attempted to act” against the nine sites referred to in their complaint, and this while the publishers / publishing companies are easily identifiable and reachable.

As the judges of the Paris Court of Appeal remind us, blocking by ISPs can only be ordered as a last resortwhen the applicants demonstrated “the impossibility of acting effectively and quickly against the host, against the publisher or against the author of the disputed content”.

Source : South West

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