While almost a third of under-18s consult at least one pornographic site every month, the Council of State, contacted by two Czech pornographic publishers, asked the Court of Justice of the EU on Wednesday to rule on the powers of Arcom, the French regulatory authority for audiovisual and digital communication, to enforce the criminal ban on access to these sites for minors.
“Given the questions raised by the interpretation of European law, the Council of State has decided to refer preliminary questions to the Court of Justice of the European Union,” explains the highest court in a press release.
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“Pending the response from the Court of Justice of the European Union to these questions, examination of the appeal is suspended.
The decree and the law therefore remain applicable,” adds the Court.
The two publishers established in the Czech Republic had contacted the Council of State to request the annulment of this decree, which they consider to be contrary to European law.
A bill must be examined by deputies and senators
The law of July 30, 2020 had given the president of Arcom the power to issue formal notice and refer matters to the judicial judge to enforce this ban.
The adoption of the bill carried by the French government aimed at securing and regulating the digital space would allow Arcom to do without a judge.
It must be examined by a joint committee composed of deputies and senators at an as yet undetermined date.
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According to a Médiamétrie study commissioned by Arcom published in May 2023, more than 2 million minors are exposed to this content for more than 50 minutes on average each month, i.e. 600,000 more minors than in 2017, the date of the latest study.
Three quarters of those under 18 use their telephone exclusively for these consultations, compared to 55% of adults.