France plans power grab to block porn websites

France is coming for porn websites again.

The French government wants to give new powers to its media regulator to block adult websites that don’t comply with age verification requirements, according to a report in NextInpact, confirmed by POLITICO.

Under the draft new rules, laid out in a tech bill to be presented next week, the regulator for audiovisual and digital communication, Arcom, would no longer need judicial approval to force telecoms operators and search engines to block access to Pornhub or YouPorn in the country, a French government official confirmed.

For almost three years, Paris and the porn industry have squabbled over how to verify porn users’ age. In 2020, France was one of the first countries to force adult websites to block online access to minors, but the measure has had limited success. Porn companies including Pornhub have defended themselves before French courts, arguing the text cannot be implemented technically and puts privacy at risk.

The porn websites’ lack of compliance has increasingly annoyed Paris’ policymakers. Digital Minister Jean-Noël Barrot and Junior Minister for Children Charlotte Caubel repeatedly said the government would do everything in its power to ensure minors can’t have access to adult content. "Protecting children online is an absolute priority," Barrot tweeted after Arcom took yet another porn firm to court for non-compliance earlier this month.

Under the current legislation, the regulator needs to refer cases of websites that don’t check users’ age to a judge, who then decides whether a platform should be blocked in France. A ruling on a high-profile case involving PornHub is expected on July 7, according to L’Informé.

The new bill would allow Arcom to order the blocking and delisting of adult websites that are not compliant without having to go through a judge. The regulator would also be empowered to impose fines as high as €500,000 or 6 percent of firms’ global turnover, NextInpact reported.

The draft text — which is part of the broader legislation implementing the EU’s Digital Services Act and Digital Markets Act — is currently being assessed by the Council of State and could still be tweaked. Barrot is expected to present it to fellow French ministers May 3, after which the government hopes for a final vote in Parliament before the summer break.