Age Verification in France

Two French campaign groups are suing the main ISPs in France, demanding the total block of several adult sites that they consider too accessible to minors.

The groups suing top French ISPs SFR, Orange, Bouygues Télécom, Free, Colt Technologies Services and Outre mer Télécomare are called e-Enfance (e-Infancy) and La Voix de l'Enfant (The Voice of the Child).

The ISPs were asked to appear next Thursday, September 9 in front of the Paris Judicial Court.

The lawsuit is proof that the French anti-porn groups intend to restrict access to adult content in that European market. Earlier this year, supporters of France's controversial age-verification law had claimed that they knew it was impractical and considered the passage of the measure as "symbolic."

ISP Orange told Le Figaro that they will "abide by the decision of the court and would shut down these sites speedily if that's what we are asked to do. But in the absence of a judicial decision, we apply the rules of net neutrality and freedom of expression"

A French court on Friday, has rejected a claim brought by two children's campaigns calling for the blocking of major porn websites in France.

The judge rejected the claim because the court facing time pressures had not been able to hear arguments from the sites' publishers.

The anti-porn campaigners had hoped for the blocking of nine top porn sites, including PornHub and Xvideos.

One of the ISPs being asked to censor the porn, Orange, noted that it already offered tools such as parental controls to limit children's access to online pornography.

Samuel Comblez of e-Enfance, one of the children's campaigners, said: It's not a completely lost battle, adding that it was now examining other ways to restrict access to the sites.

Pornhub, Pornhub, XHamster, XNXX and XVideos do not comply with French rules contrived from a law against domestic violence.

The French internet censor Arcom (previously CSA) took legal action on March 8 and requested the blocking of 5 pornographic sites: Pornhub, Pornhub, XHamster, Xnxx and Xvideos. The censor sent an injunction to the platforms and left 15 days to comply with the law. The websites did not comply.

Since the vote on the law against domestic violence in 2020, an amendment specifies that sites can no longer be satisfied with asking Internet users to declare that they are of legal age by clicking on a simple box.

Depending on the judge's decision, ISPs will be forced or not to block access to the incriminated sites. In case of blocking, visitors to the pornographic site will be redirected to a dedicated Arcom page.

Distributors of pornographic content are therefore required, in theory, to check the age of their visitors. But how? There is currently no legally defined method to achieve this. The censor itself has never given guidelines to the platforms.

In fact data protection authorities have rather put a spanner in the works that has left the industry scratching its head. In an opinion issued on June 3, 2021, the National Commission for Computing and Freedoms (Cnil) decreed that a verification system which collects information on the identity of Internet users would, in this context, be illegal and risky. Such data collection would indeed present significant risks for the persons concerned since their sexual orientation -- real or supposed -- could be deduced from the content viewed and directly linked to their identity.

Faced with these legal contradictions, Senator Marie Mercier, rapporteur for the amendment, has simply banged the table harder:

I don't want to know how they are doing, but they have to find a solution . The law is the law.

Porn tube websites have explained their reluctance to implement. The option to use third-party verifiers may prove very expensive for a business model based on a high number of users making up for low advertising income per users. An estimate denied by the Tukif site, says that the cost of a verification service goes from 0.0522c to 0.222c per user, a cost to be multiplied by their 650,0000 unique daily visitors.

It is presumed that many porn users will be very reluctant to hand over dangerous ID proof to porn websites so blocking the entry of some audiences, while discouraging others will lead to collapsing income.

The websites also note that as the regulator hasn't attempted to block all porn tube sites then users will be more likely to swap to unrestricted websites rather than submit to ID verification on those website mandated to do so.

The notable French adult company Dorcel is currently testing a double anonymity age verification solution designed by a French tech company. The Dorcel Group is testing an AV solution by GreenBadg. The report states that 10,000 visitors to Dorcel's site will be targeted as guinea pigs during the test period.

GreenBadg founder Jacky Lamraoui said that his company built its solution in consultation with French authorities, including media regulator ARCOM.

To access Dorcel sites, users must first register on GreenBadg by providing identification and a video selfie. Another company, IDNow will verify the ID, from which the date of birth is extracted, and confirm that the ID photo corresponds to the video selfie. The video selfie/ID photo facial comparison is performed by artificial intelligence, with a second validation done by a human.

Once verified, the user will receive a badge valid for three years, allowing them to scan a QR Code on the relevant site to certify they are over 18.

A French Court of Appeals in Paris has ruled that certain porn websites are subject to a national age verification requirement adopted under a 2020 French law.

The ruling applies to websites that don't operate in European Union member states.

Websites Tukif, xHamster, MrSexe, and IciPorno, all non-EU platforms, must adopt more rigorous age verification measures within 15 days or else they will be blocked by French ISPs.

Porn websites are currently under duress via the EU and the websites are presently challenging Digital Services Act rules.

The Court of Appeal ruled that:

Children's general interest was an overriding consideration which may justify infringement of other rights such as freedom of expression or communication.

Giving priority to the protection of the private lives of adult consumers, by ruling out age verification, is incompatible with the protection of minors.

AVN also reported on a national age verification requirement granting Arcom, the audiovisual and internet censor for France, the right to enforce age-verification rules.

Porn websites in France must verify users' ages or face being blocked within days under new rules which come into force after a years-long battle between operators and state censors.

Among the new requirements is to offer at least one double blind option for users to prove their age without revealing their identity to the porn site. However the verifying company will surely be able to maintain a log of a users porn website history.

Sites already offering verification using a credit card have a grace period until April 11 2025 to put in place their double blind checks. These entail the user uploading an identity document to the verifying company, which then sends confirmation they are old enough to visit the site to the porn provider without revealing the user's identity, at least to the porn site.

This niche is being targeted by small firms selling the service to big platforms, with several start-ups offering the service. However age verification seems to be a natural monopoly where users will only want to verify once with one company for all their porn viewing. No doubt something like 'verified by Google' will become the norm and so US giants will take over.

Internet censor Arcom's regulation has been a real boost to the still-emerging sector, said Jacky Lamraoui, head of French startup IDxLab. The firm's Anonymage service is already being used by around 20 sites, all of them adult platforms. Among them is French porn site Tukif.porn, which turned to IDxLab and other verification providers after a court ordered it blocked in October.

Tukif manager Jerome, who declined to give his last name, commented that Tukif was the only free French porn site currently verifying users' ages. He complained that age verification was costing his site one or two (euro) cents per visitor. He added that age verification was also turning some users away from centralised porn sites to less regulated social media platforms such as X or Reddit, which do not have to verify ages. He said:

Since November, less than five percent of users arriving at the verification system come out verified on the other side. It's killed traffic to our site.

For the coming months, competitors from within the European Union enjoy an advantage, as the age check rules only apply to French and non-EU adult services. Arcom is still putting in place procedures for notifying other governments that sites based in their countries are not fulfilling French law before blocking them altogether. EU adult sites will however be expected to comply with the French law in the future.

Aylo, the parent company of major porn sites Pornhub and Brazzers with an office in Cyprus, told AFP in December:

The French rules would likely prove ineffective and dangerous for users' security and privacy. Beyond diverting users to other platforms, France's rules could add to the growing demand worldwide for virtual private network (VPN) services.

A VPN creates a tunnel between the source and the destination of internet traffic,. Using one can prevent intermediaries such as internet service providers (ISPs) from seeing the content of internet traffic, as well as allowing users to change their IP address, browsing as if they are in another location or country. Worldwide, around 28% of internet users aged 16-64 were using a VPN in 2023, according to specialist analytics site DataReporta.