CJEU clarifies limits on state powers to regulate pornographic websites

The Court of Justice of the European Union (CJEU) has provided a legal interpretation regarding the regulation of pornographic websites and the limits of member state authority. The case originated from a dispute involving Czech-based companies, WebGroup Czech Republic and NKL Associates, which provide pornographic content accessible in France.

The French regulatory body, ARCOM, had demanded that these companies implement measures to prevent minors from accessing such content, noting that French law penalizes the provision of pornography to minors regardless of whether a user declares they are over 18. The companies challenged these demands, arguing that as Czech service providers, they are primarily subject to Czech law under the ‘country of origin’ principle established by Directive 2000/31/EC.

The CJEU clarified that while the country of origin principle generally prevents other member states from restricting the free flow of services, a destination state may take action to protect public order. Such measures are permissible if the service violates a protected objective or poses a significant risk, provided the measures are proportionate. The court did not rule on specific age-verification technologies but established the legal framework for how national authorities may interact with cross-border digital services.