Video-sharing platforms

Reference framework for age verification systems

Article 1 of the Law on securing and regulating the digital space, adopted by the Parliament on 10 April2024, provides for the amendment of Article 10 of Law No 2004-575 of 21 June 2004 for trust in the digitaleconomy (LCEN) as follows:

’ Article 10. – I. – The Regulatory Authority for Audiovisual and Digital Communication shall ensure thatpornographic content made available to the public by a provider of a communication service to the publiconline, under his/her editorial responsibility, or provided by a video-sharing platform service, within the meaningof Article 2 of Law No 86 1067 of 30 September 1986 on freedom of communication, is not accessible tominors.
To that end, it shall establish and publish, after consulting the French National Commission for InformationTechnology and Civil Liberties, a reference framework setting out the minimum technical requirements for ageverification systems. These requirements concern the reliability of user age verification and respect for theirprivacy. This reference framework shall be updated as necessary under the same conditions. The RegulatoryAuthority for Audiovisual and Digital Communication may require publishers and service providers referred toin the first subparagraph of this point I to conduct an audit of the age verification systems they implement inorder to attest to the compliance of those systems with the technical requirements defined by the referenceframework That reference shall specify the procedures for carrying out and publicising that audit, which shallbe entrusted to an independent body with proven experience.’
These provisions are intended to replace those of Article 23 of the Law of 30 July 2020, which alreadyprovided for a procedure for action against sites that have not adopted measures to ensure that minors are notexposed to pornographic content online, contrary to Article 227-24 of the French Penal Code.
Pursuant to these new provisions of Article 10 of the LCEN, the Regulatory Authority for Audiovisual andDigital Communication (Arcom) publishes a public consultation on a draft reference framework, which is thesubject of this notification.