A regional administrative court in Germany has ruled against efforts to force internet providers to block access to the adult platforms Pornhub and YouPorn, both operated by Aylo. The decision prevents telecom companies within the court’s jurisdiction from implementing DNS-level restrictions on the sites.
According to an announcement released on Thursday by the Ministry of Justice of Rhineland-Palatinate, the Administrative Court of Neustadt an der Weinstraße sided with lawsuits brought by internet service provider 1&1 and Aylo itself. Both parties challenged enforcement actions initiated by the Rhineland-Palatinate Media Authority (MA RLP).
Earlier in April 2024, the MA RLP instructed local internet providers to block the two websites, arguing that their age verification measures did not adequately comply with Germany’s youth protection requirements. The authority cited the Interstate Treaty on the Protection of Minors in the Media (JMStV), which obliges adult content platforms to prevent access by underage users.
In its ruling, the court’s Fifth Chamber agreed with the plaintiffs and identified two decisive legal considerations. First, the judges emphasized the overriding authority of the European Union’s Digital Services Act (DSA), which came into effect earlier this year. Second, they referenced the EU’s “country of origin” rule under the E-Commerce Directive, which limits regulatory control to the member state where an online service is legally established. Aylo is headquartered in Cyprus.
The Ministry of Justice explained that the DSA introduced a unified regulatory framework across the EU for protecting minors online. As a result, individual member states are generally barred from enforcing additional national obligations in areas already regulated at the European level.
Because the DSA outlines extensive responsibilities for online platforms particularly those aimed at safeguarding minors the court determined that the German provisions relied upon by the media authority are no longer applicable in this context.
The statement further highlighted that the European Commission has asserted its own authority by launching investigations into Pornhub and other platforms designated as “Very Large Online Platforms” under the DSA, effectively centralizing oversight at the EU level.
Despite the ruling, the legal dispute is far from over. The Rhineland-Palatinate Media Authority is expected to challenge the decision before the Higher Administrative Court, especially since that court previously issued judgments unfavorable to Aylo in similar blocking cases.
The broader legal landscape remains fragmented. German courts have delivered conflicting decisions, and the relationship between national regulations and EU law continues to spark debate. Adding to the uncertainty, a recent nonbinding opinion from an advocate general of the EU’s Court of Justice suggested that France may lawfully require age verification from adult websites based in other EU countries.
As litigation surrounding Pornhub and YouPorn progresses, the outcome is expected to play a pivotal role in defining how regulatory authority is divided between EU institutions and individual member states when it comes to online adult content and the protection of minors.
