European News

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.

The government of Spanish Prime Minister Pedro Sánchez intends to implement age verification to access adult content on the internet across the board to prevent minors from viewing age-restricted websites. Spain's data regulator Agencia Española de Protección de Datos (AEPD) is developing a process to require web users to utilize a digital ID card.

The Royal Spanish Mint will be directed to develop the digital ID technology following recommendations from the AEPD. One format floated by the agency is that a user will download an app on their mobile device, a QR code, or some other type of digital document verifying their age through a government ID, health or residence cards, a driver's license, or a passport. AEPD claims that this approach minimizes risks of a data breach since third parties--such as a private sector age verification software vendor or a regulated platform--will not be able to access a user's sensitive personally identifiable information.

Unfortunately, there is no guarantee of sensitive personally identifiable information being safe in the hands of a government agency or private company. Consider a case that occurred in Louisiana, which was the first U.S. state to require an ID to view adult content. Seeking to comply with the law, the tube site Pornhub adopted an age verification solution that integrated with the state's digital identification app, LA Wallet.

Months after the deployment of LA Wallet by Pornhub, the company and the agency administering the digital wallet program were victims of a data breach. A local news report indicates that over 6 million records from the Louisiana Office of Motor Vehicles were exposed by hackers in June 2023. Names, addresses, ID numbers, social security numbers, height, weight and eye colors were exposed in a breach of a file transfer protocol.

Even with the best intention and risk mitigation, AEPD will not be able to completely prevent a breach of data. That is one major concern among critics of age verification.

About 20 internet giants now have to comply with new EU internet censorship rules. Under the EU Digital Services Act (DSA) rule-breakers can face big fines of 6% of turnover and potentially suspension of the service.

The EU commission has named the very large online platforms that will form the first tranche of internet companies subjected to the new censorship regime. Those are sites with over 45 million EU users:

Alibaba, AliExpress, Amazon Store, the Apple App Store, Booking.com, Facebook, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, X (formerly Twitter), Wikipedia, YouTube and Zalando. Search engines Google and Bing will also be subject to the rules.

These websites will now have to assess potential risks they may cause, report that assessment and put in place measures to deal with the problem. This includes risks related to:

• illegal content
• rights, such as freedom of expression, media freedom, discrimination, consumer protection and children's rights public security and
• threats to electoral processes
• gender-based violence, public health wrong think, age restrictions, and mental and physical 'wellbeing'.

Targeted advertising based on profiling children is no longer permitted.

They must also share with regulators details of how their algorithms work. This could include those which decide what adverts users see, or which posts appear in their feed. And they are required to have systems for sharing data with independent researchers.

All though the law is targeted at the EU, of the companies have already made changes that will also affect users in the UK.

• Starting July TikTok stopped users in Europe aged 13-17 from being shown personalised advertising based on their online activity.
• Since February Meta apps including Facebook and Instagram have stopped showing users aged 13-17 worldwide advertising based on their activity to the apps.
• In Europe Facebook and Instagram gave users the option to view Stories and Reels only from people they follow, ranked in chronological order.
• In the UK and Europe Snapchat is also restricting personalised ads for users aged 13-17. It is also creating a library of adverts shown in the EU.

Retailers Zalando and Amazon have mounted legal action to contest their designation as a very large online platform. Amazon argues they are not the largest retailer in any of the EU countries where they operate.

Smaller tech services will be brought under the new censorhip regime next year.

Hungarian authorities have fined a bookseller for selling a British graphic novel without closed wrapping - saying it breached an anti-gay law on LGBT literature for under-18s.

The retailer was fined 12m forints (£27,400), for selling Heartstopper without wrapping it in plastic foil, as required by law. Officials said the book depicts homosexuality and was sold to minors.

In 2021, the government of prime minister Viktor Orban introduced a law banning the display and promotion of homosexuality among under-18s. The censorship laws says that minors cannot be shown pornographic content, or anything that encourages gender change or homosexuality.

The Heartstopper series of books, written and illustrated by the British author Alice Oseman, follow the lives of two British teenagers attending a fictional school who meet and fall in love. It is billed as a book about life, love, and everything that happens in between. It has since been acquired and adapted by the streaming service Netflix, which plans to release a second series in August.