The legal dispute over the dissemination of pornographic content from abroad and the protection of minors in Germany is expected to continue for some time. The Düsseldorf Administrative Court’s presiding judge, Maria Appelhoff-Klante, has indicated that she will allow an appeal to the Higher Administrative Court owing to several open questions regarding EU law. The court did not initially make a judgment, and three companies based in Cyprus are suing the North Rhine-Westphalian State Media Authority (LfM) before the administrative court. The state institute had prohibited the companies from distributing pornographic internet offers without age verification in Germany, citing the Youth Protection Act.
In 2021, the Düsseldorf Administrative Court ruled in favour of the state media authority, and the Higher Administrative Court of North Rhine-Westphalia (OVG) confirmed this decision in September. The OVG had ruled that, in light of the high importance of protecting minors, pornography providers could not counter the ban on distribution with the country of origin principle, which allows Internet providers from an EU member state to be subject only to the rules of that state. The operators of porn portals have been slow to implement effective youth protection measures, such as setting up closed user groups for adults only and appointing youth protection officers.
The parties involved are arguing about whether companies from other EU member states whose content can be accessed worldwide are required to comply with German youth protection laws. There is also a question of whether German authorities are authorised to act in this context or if the authorities at the headquarters of the respective operator would be responsible instead. Judge Appelhoff-Klante said there was still no “supreme court ruling” in this area. However, the procedure raises many questions regarding EU law. Therefore, she will allow an appeal against the judgment of her chamber.
The LfM director, Tobias Schmid, told the dpa that the state institute is waiting for the court’s decision. “In the end, we will enforce effective youth protection.” In neighbouring European countries, it is becoming apparent “that this topic will no longer disappear from the agenda.” Age verification is also planned in France, and this is being examined in Austria, Italy, and Luxembourg. According to the legislature, pornography poses a significant risk to the mental and sexual development of children and young people.
