Porn sites under threat? ARCOM can block them without the agreement of a judge

ARCOM is gaining momentum

As we know, for several months, the government and parliamentarians have been seeking to strengthen the conditions of access to porn sites, in particular to prevent minors from viewing the content. But faced with recalcitrant websites in the application of the measures, a bill will be presented to the Council of Ministers by Jean-Noël Barrot, digital delegate.

“It is urgent to remove our children from the surge of porn images on the Internet”
Jean-Noel Barrot

This project plans to move up a gear, by giving ARCOM greater blocking power. The organization, a merger of the CSA and HADOPI, could therefore block any porn site that does not respect the rules on access to content, without going through a referral to the judge. A reinforcement of the administrative authority therefore, to the detriment of the traditional legal path in this style of action.

Blockages before the end of the year?

For now, the procedure forARCOM is slower. The organization must give notice to a site to comply with its obligations and, without return on its part, must seize the President of the Judicial Court of Paris to request the blocking of the platform by the ISPs (Internet Service Providers). A procedure is also underway against Pornhub and XVidéos, with a court decision expected for July 7, 2023.

ARCOM, responsible for ensuring that pornographic sites verify the age of their visitors other than by a simple checkbox, could then be given the possibility of directly ordering the blocking of a site before the end of year. The bill will have to pass before Parliament and be voted on as it stands, but also survive potential appeals by site managers.

Game over for porn sites?

Since 2020, the government has sought to gradually strengthen the conditions of access to the various x and pornographic sites. In question, a hitherto too insecure access to porn content, often viewed by minors. Problem, among the solutions tested, none has yet fully worked. The certificate of majority was quickly circumvented, blockages are easily circumvented…

Although the idea of ​​protecting access to these platforms is obviously laudable, we nevertheless have the impression that the measures put in place are constantly lagging behind. ARCOM, even with extended powers, will not be able to prevent the use of VPNs to circumvent blockings of porn sites, for example. In 2019, the age group “18-24 year olds” used 26% of VPNsletting imagine its democratization in the following generations…