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PARIS — A senior legal advisor to the European Union’s top court has issued a non-binding opinion that could allow France to enforce its age verification law on porn platforms operating from any EU member state.
Maciej Szpunar, Advocate General of the Court of Justice of the European Union, released the opinion on Thursday. He concluded that WebGroup Czech Republic and NKL Associates — the parent companies of XVideos and XNXX — may be required to comply with France’s SREN law, which mandates strict age verification to block minors from accessing adult content.
The two companies had filed suit against the French government, seeking to overturn the law. They argued that it conflicts with EU rules on digital safety, child protection, and e-commerce. France’s digital regulator, Arcom, was given authority to enforce the rules in 2023, prompting the challenge.
At the center of the dispute is the EU’s 2000 E-Commerce Directive, which established the “country of origin” principle. Under that framework, online platforms are typically bound only by the laws of the member state where they are based, rather than by regulations imposed by other EU countries.
Szpunar, however, suggested that France’s SREN law could still apply more broadly across the bloc — provided Brussels does not object. He further advised that the directive’s “coordinated field” could be interpreted to cover technical measures aimed at preventing minors from viewing pornographic material. In other words, age verification requirements could be seen as serving a common good across the EU.
Although Advocate General opinions are not binding, they are frequently influential when the Court of Justice issues its final rulings. The case involving WebGroup and NKL remains under review, with the court yet to decide on the full scope of France’s law.
