The legal dispute over the dissemination of pornographic Internet offerings from abroad and the protection of minors in Germany is likely to drag on for a long time. In the main proceedings at the Düsseldorf Administrative Court, the presiding judge Maria Appelhoff-Klante made it clear on Tuesday that she would allow an appeal to the Higher Administrative Court because of many open questions about EU law, “regardless of the direction in which the chamber decides”. The judges in Düsseldorf did not initially make a judgment.
Three companies based in Cyprus, which operate porn portals with many millions of users, are suing the North Rhine-Westphalian State Media Authority (LfM) before the administrative court. With reference to the Youth Protection Act, the state institute had forbidden them from distributing pornographic internet offers without age verification in Germany.
In 2021, the administrative court in Düsseldorf had already ruled in favor of the state media authority. The decisions were confirmed last September by the Higher Administrative Court of North Rhine-Westphalia (OVG). In view of the high importance of the protection of minors, the pornography providers could not counter the ban on distribution with the so-called country of origin principle, according to which Internet providers from an EU member state are only subject to the rules there, the OVG had ruled at the time.
EU law raises questions
The operators of large porn portals have been refusing for years to put effective youth protection in front of their presentations. Among other things, the state institute requires the portal operators to set up closed user groups that should only be accessible to adults. In addition, the portal operators would have to appoint youth protection officers.
According to the court, the parties involved are essentially arguing about whether companies from other EU countries whose content can be accessed worldwide can be required to comply with German youth protection law. In addition, there is the question of whether German authorities are authorized to act at all in this context or whether 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 with regard to EU law. Therefore, she will allow an appeal against the judgment of her chamber. The judgment of the Düsseldorf Administrative Court will be served on the parties to the proceedings in writing.
“We will enforce effective youth protection”
LfM director Tobias Schmid told the dpa that the state institute is now waiting for the court’s decision. “In the end we will enforce effective youth protection.” In the meantime, it is also becoming clear in neighboring European countries “that this topic will no longer disappear from the agenda,” said Schmid. “We will find a solution that is suitable for the protection of minors.”
According to the LfM, age verification is also to be introduced in France. This is being examined in Austria, Italy and Luxembourg. According to the legislator, pornography poses a significant risk to the mental and sexual development of children and young people.
(anw)
