What Frances New Law Means For Age Verification Worldwide

France’s Regulatory Authority for Audiovisual and Digital Communication (ARCOM) wasted no time in demonstrating that it means business when it comes to enforcing the law. On April 22, ARCOM released a statement indicating that it had already commenced action against the providers of five services that allowed minors to access pornographic content without age verification.

The success or challenges encountered in France could significantly influence the future direction of online content regulation globally.

This article will delve into the intricacies of the law, its multifaceted impacts and broader implications for the future of online adult entertainment.

Key Elements of the Legislation

Several specific aspects of SREN and its age verification mandate merit exploration, as they stand to impact adult businesses directly.

• Defining “adult content”: The law broadly defines “adult content” as any visual or auditory material of a pornographic nature or depicting sexual violence. This broad definition necessitates careful consideration by platforms to ensure compliance across their entire content library.
• The “double anonymity” imperative: This cornerstone of the French law requires a separation of information. When a user verifies their age, the age verification provider confirms their age to the adult platform without revealing their identity. Conversely, the adult platform grants access without transmitting any information about the content accessed back to the verification provider. This intricate system aims to prevent the creation of databases linking individuals to their consumption of adult material.
• Technological agnosticism and future-proofing: While specifying the need for multiple robust methods, ARCOM has intentionally avoided prescribing specific technologies. This approach allows for innovation and the adoption of future, potentially more privacy-preserving, verification techniques. However, it also places the onus on platforms to select and implement solutions that meet ARCOM’s stringent effectiveness and anti-circumvention standards.
• Liability and enforcement: The law clearly outlines the responsibilities of adult sites and platforms in ensuring compliance. Failure to implement adequate age verification systems can lead to significant financial penalties — up to 4% of a website’s global annual revenue. Furthermore, ARCOM possesses the authority to issue administrative injunctions, demand the blocking of noncompliant websites by internet service providers, and request their delisting from search engines and app stores within France. This robust enforcement mechanism signals the seriousness with which French authorities are approaching this issue.

The Technological Frontier of Age Verification

Along with the EU’s Digital Services Act and laws being passed in various U.S. states, the French law has spurred the growth of a specialized industry focused on providing age verification services. The reliability of these providers, the security of their solutions, and their adherence to the double anonymity principle will be critical to the overall success of, and user trust in, new AV methods and systems. Each of the various options on the table comes with its own set of benefits and challenges.

• Digital identity verification: This method involves users submitting official identity documents such as passports to driver’s licenses, which are then verified using AI-powered optical character recognition and biometric analysis. While highly accurate, this method raises privacy concerns regarding the storage and potential misuse of sensitive personal data. Providers offering double anonymity in this context typically employ sophisticated anonymization techniques to ensure that adult platforms never directly accesses users’ identity documents.
• Facial age estimation: Another emerging technique involves utilizing AI algorithms to estimate a user’s age based on a live selfie or uploaded photo. While potentially less intrusive than document submission, the accuracy of these systems can vary, and concerns exist regarding bias in the algorithms and the potential for spoofing. Achieving double anonymity with this method requires careful architectural design to prevent the adult platform from directly receiving or storing facial biometric data.
• Payment-based verification: This method relies on the fact that users typically need to be of legal age to possess credit or debit cards. However, this approach may exclude individuals without access to formal banking and doesn’t inherently guarantee double anonymity.
• Telecommunications-based verification: Partnering with mobile operators to verify a user’s age based on their account information is another potential avenue. This method could offer a relatively seamless user experience, but raises questions about data sharing between telecommunication companies and verification providers.
• Decentralized identity solutions: Emerging blockchain-based and self-sovereign identity (SSI) solutions hold promise for privacy-preserving age verification. These systems allow users to control their identity data and share only the necessary proof of age without revealing other personal information. However, adoption and regulatory acceptance of these technologies is still in the early stages, and remains far from widespread.Navigating the Complexities for the Adult Industry

France’s SREN law presents a complex set of challenges and considerations for the adult industry. These include:

• Cost of compliance: Implementing and maintaining robust age verification systems can be a significant financial burden, particularly for smaller independent creators and platforms. The need for multiple verification methods and adherence to the double anonymity standard further adds to these costs.
• Impact on user acquisition and retention: The introduction of mandatory verification steps is likely to create friction in the user onboarding process. Some users may be deterred by perceived inconvenience or privacy risks, potentially leading to a decrease in traffic and subscriptions. Platforms need to prioritize user-friendly and transparent verification processes to mitigate this impact.
• Geoblocking as a last resort: For some platforms, particularly those with limited resources or significant legal concerns, geoblocking French users entirely might be considered a less complex, albeit drastic, measure to avoid noncompliance. This would, however, result in a complete loss of the French market.
• Content moderation and liability: Even with age verification in place, platforms will still need to address issues of illegal content and ensure their moderation policies align with French law. The age verification system acts as a gatekeeper but doesn’t absolve platforms of their responsibility for the content hosted.

The Broader Societal and Political Landscape

France’s bold move is situated within a broader global conversation about online safety, digital sovereignty and the responsibilities of online platforms. Here are some areas and issues where the implementation and ultimate effectiveness of SREN is likely to prove influential.

• Balancing child protection and adult liberties: The core tension lies in effectively protecting minors from harmful content while upholding the rights of adults to access legal material privately. The double anonymity requirement is a focused attempt to strike this delicate balance.
• Setting a global precedent: As one of the first major economies to implement such comprehensive age verification for adult content, France’s experience will be closely monitored by other countries considering similar regulations. The success or challenges encountered in France could significantly influence the future direction of online content regulation globally.
• The role of regulatory bodies: ARCOM’s proactive role in shaping and enforcing these regulations highlights the increasing importance of regulatory bodies in navigating the complexities of the digital age. Their ability to adapt to technological advancements and address emerging challenges will be crucial.
• Public discourse and acceptance: The long-term success of the law will also depend on public understanding and acceptance. Clear communication about the purpose, mechanisms and privacy safeguards of the age verification process will be essential in building user trust and ensuring compliance.

France’s comprehensive age verification law necessitates a fundamental shift in how platforms operate and interact with their users. While the immediate future will likely be marked by challenges related to implementation, compliance and potential legal hurdles, the long-term implications could be far-reaching.

The success of this initiative will hinge on the effectiveness and user-friendliness of the chosen age verification technologies, the robustness of ARCOM’s enforcement, and the industry’s willingness to adapt to this new regulatory landscape. The world will be watching closely to see if France has successfully charted a course that effectively safeguards minors while respecting adult privacy in the digital realm. This experiment could well serve as a crucial case study for other nations grappling with the complex challenges of regulating adult content in the internet age.

For website operators, the time to act is now. If you are subject to France’s age verification law, it is important to understand and implement the law’s requirements. Be sure to speak with legal advisors who are familiar with this new regulation, so you can stay “en garde” — and protect your business.

This article does not constitute legal advice and is provided for your information only. It should not be relied upon in lieu of consultation with legal advisors in your own jurisdiction. It may not be current as the laws in this area change frequently. Transmission of the information contained in this article is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver.

Corey D. Silverstein is the managing and founding member of Silverstein Legal. His practice focuses on representing all areas of the adult industry and his clientele includes hosting companies, affiliate programs, content producers, processors, designers, developers, operators and more. He is licensed in numerous jurisdictions including Michigan, Arizona, the District of Columbia, Georgia and New York. Contact him via MyAdultAttorney.com, corey@silversteinlegal.com or (248) 290-0655.