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Legal age restrictions...

Porn sites in France suffer setbacks after losing court cases


Link Here15th January 2023
Full story: Age Verification in France...Macron gives websites 6 months to introduce age verification
Notable porn websites operating in France have suffered two legal defeats.

In the first case, a priority question of constitutionality (QPC) had been addressed to the Court of Cassation. MindGeek, which publishes Pornhub, argued that ISP blocking of their websites, as ordered by France's internet censors of the Audiovisual and Digital Communication Regulatory Authority (Arcom), was an affront to freedom of speech in France.

In its verdict of January 5, the Court of Cassation swept aside this QPC:

The question posed is not of a serious nature. Considering that the legal framework in question is sufficiently clear and precise to exclude any risk of arbitrariness . Nor is there any disproportionate harm to the objectives pursued.

The attack on freedom of expression, by imposing the use of a device for verifying the age of the person accessing pornographic content, other than a simple declaration of majority, is necessary, appropriate and proportionate to the objective of protecting minors.

Meanwhile YouPorn and RedTube lost an administrative challenge to the rather circuitous way that French authorities have specified the laws requiring age/identity verification to view porn websites.

 

 

The Online Safety and Media Regulation Act 202...

A brief summary of Ireland's Internet Censorship Act


Link Here3rd January 2023
Full story: Internet Censorship in Ireland...Ireland considers the UK's lead in censoring porn and social media
Ireland's new internet censorship regime will be overseen by an Online Safety Commissioner (OSC), who will create binding online censorship rules to hold designated online service providers Providers to account for how they censor content. The OSC is also empowered under the Act to introduce an individual complaints mechanism.

Harmful content is set out in Part 11 of the new Act:

  1. Offence Specific Categories sets out 42 different offences. A large proportion of these offences are offences against children, or provisions protecting the identification of child victims or child offenders. Notably the Act appears to be silent as regards identifying a child who is subject to an Order or proceedings under the Child Care Act 1991.
  2. Other Categories of Harmful Online Content are set out as a two-tier category:
  • (a) The Online Content must be content which bullies or humiliates another person; promotes or encourages behaviour that characterises a feeding or eating disorder; promotes or encourages self-harm or suicide; makes available knowledge of methods of self-harm or suicide.
  • (b) Online Content must meet the risk test if it gives rise to: (a) any risk to a person's life; or (b) a risk of significant harm to a person's physical or mental health, where the harm is reasonably foreseeable.

This part of the Act deals with age-inappropriate content yet the Act does not provide for any age-verification measures. Earlier drafts of the Act sought to introduce robust measures to ensure a minimum age verification of account holders of 15 years old. This provision did not survive to enactment stage.

 

 

Creating Ireland's Internet Censor...

Ireland signs its Online Censorship Bill into law


Link Here12th December 2022
Full story: Internet Censorship in Ireland...Ireland considers the UK's lead in censoring porn and social media

Irish President Higgins has signed the Online Safety and Media Regulation Bill into law.

The OSMR Act 2022 amends the Broadcasting Act 2009 to establish Coimisiún na Meán (a multi-person Media Commission), dissolve the Broadcasting Authority of Ireland, establish a regulatory framework for online safety, update the regulation of television broadcasting and video on-demand services, and transpose the revised Audiovisual Media Services Directive into Irish law.

The regulatory framework for online safety will be overseen by an Online Safety Commissioner, who will be empowered to make binding Online Safety Codes to hold designated online services to account for how they tackle the availability of some of the most serious forms of harmful online content. The Commissioner is also empowered under the Act to introduce an individual complaints mechanism on a phased basis, focusing initially on children and to order the removal or limitation of availability of specific items of harmful online content, either on foot of a complaint or on its own initiative.

Updates to the regulation of television broadcasting and video on-demand services will bring video on-demand services under statutory regulation for the first time. Providers of such services will, as broadcasters currently are, be subject to binding codes and rules, including in relation to advertising, accessibility and impartiality in news and current affairs.

Coimisiún na Meán will have a modern suite of robust compliance and enforcement powers, including the powers to appoint authorised officers to conduct investigations of suspected non-compliance, to require the provision of information and to seek administrative financial sanctions of up to 20 million euros or 10% of turnover. Ultimately, providers of regulated services under the Act who remain in breach of the rules may be subject to criminal prosecution.

 

 

Offsite Article: How the EU's revised internet TV law affects the UK...


Link Here 21st October 2022
Full story: ATVOD Censorship on Demand...ATVOD appointed as internet TV censors
The EU Audiovisual Media Services Directive: Obligations on Providers and Incoming Reform. By Burges Salmon LLP

See article from lexology.com


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