Since January 11, 2025, the SREN law requires pornographic sites to verify the age of their users to protect minors. However, most major international sites still escape regulations. A situation that raises questions about the real effectiveness of the law, as well as the limits of the legislative framework in the face of digital globalization.
An ambitious but incomplete law
The SREN law marks a turning point in the fight against minors' access to adult content. From now on, platforms must require proof of majority via a double-anonymity identification system intended to guarantee user confidentiality. This measure aims to block the 2.3 million French minors who visit these sites each month, according to Arcom (Audiovisual and Digital Communication Regulatory Authority).
However, this obligation does not (yet) apply to all platforms. A waiver is being granted until April 11 to sites already using credit card authentication. In the meantime, some giants like Pornhub and YouPorn continue to operate without major restrictions. Eventually, they could be spared altogether.
The answer lies largely in their location. These platforms are based in European countries like Cyprus, Luxembourg, and the Czech Republic. They therefore benefit from the principle of free movement of services within the European Union, which makes any attempt to block them difficult without going through a lengthy legal process. Lawyers for these companies have already argued before the Court of Justice of the European Union that blocking their sites would constitute an barrier to the digital single market. Before acting, Arcom has no choice but to notify the hosting countries and await their response – a procedure that, unsurprisingly, takes time.
Limited and circumventable sanctions
For recalcitrant sites based outside the EU or in France, Arcom can order them to be blocked by telecom operators or to be delisted from search engines. But this measure remains limited: only a few sites appear on an official list sent by the authorities. Moreover, circumventing these restrictions is relatively simple.
In short, even if a site is blocked in France, it remains accessible for those who know how to circumvent these technical barriers. This reality significantly reduces the impact of the SREN law. This is especially true since, even in a perfectly implemented framework, many ethical and security questions arise. Industry giants defend themselves by citing the protection of personal data and user security. Aylo, the parent company of Pornhub and Brazzers, claims to want to respect French law while denouncing laws it considers dangerous for privacy.
An imperfect, but symbolic law
While the SREN law represents an important symbolic step forward, it shows its limits in the face of a globalized industry. While waiting for a possible European digital identity, which could simplify these age checks, the current system seems above all to illustrate the gap between legislative ambition and technical reality.
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