Court Overturns Blocking Orders Against Porn Platforms Due to EU Law - German court overturns porn site blocks in clash with EU digital rules
A German court has overturned blocking orders against several pornography platforms. The ruling came after the Rhineland-Palatinate Media Authority ordered internet providers to restrict access to these sites in April 2024. The decision highlights a clash between national and EU regulations on digital services. In April, the Rhineland-Palatinate Media Authority instructed access providers to block certain pornographic websites via DNS restrictions. The authority cited violations of Germany’s Interstate Treaty on the Protection of Minors in the Media (JMStV), specifically the lack of age verification systems. The platforms in question are operated by a company based in Cyprus.
The Administrative Court of Neustadt an der Weinstraße ruled in favour of lawsuits filed by an internet service provider and the platform operator. It found that the blocking orders lacked a valid legal basis due to the primacy of EU law. According to the court, national provisions under the JMStV conflict with the EU’s Digital Services Act (DSA) and the country-of-origin principle. The court also noted that the media authority was barred from acting against one platform because of ongoing proceedings by the European Commission. Under the country-of-origin principle, digital service providers are subject to the laws of the EU member state where they are established. This principle rendered the German authority’s intervention unlawful in this case. The ruling may still be appealed before the Higher Administrative Court of Rhineland-Palatinate.
The court’s decision means the blocking orders are no longer in effect. The case underscores the legal challenges when national regulations conflict with EU-wide digital service rules. Further appeals could determine whether the media authority’s approach will be reconsidered.
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