Administrative Court of Berlin confirms ongoing block of Pornhub and Youporn in Germany
The Administrative Court of Berlin, through its rulings of April 30, 2025 (Case No. VG 32 L 25/25 and VG 32 L 26/25), has again confirmed the blocking of the well-known websites Pornhub and Youporn by German internet service providers, thereby making a central strategic decision in dealing with age-restricted online offerings. The decision was made in the context of urgent motions filed by the platform operators, who had resisted the access restriction for users from Germany.
Background of the Dispute
The background is characterized by complex legal and factual aspects. In 2021, the Commission for the Protection of Minors in the Media (KJM) determined that pornographic content on the platforms Pornhub and Youporn was easily accessible to children and teenagers. The KJM is of the opinion that the existing age verification systems do not meet the legal requirements of the Youth Media Protection State Treaty (JMStV), as they do not establish effective barriers for minors. Against this backdrop, the KJM requested internet providers to block access to the websites from Germany.
Decision of the Administrative Court of Berlin
In the current proceedings, the Administrative Court of Berlin dealt with the question of whether the order initiated by the KJM to protect against easily accessible pornographic content was sufficiently legally and factually substantiated. The focus was – in addition to youth protection – on the tension between the fundamental right to freedom of information and expression, the business interests of platform providers, and the regulatory competence of German authorities.
Legal Basis
The relevant regulation is § 24 para. 4 JMStV, which allows authorities to enforce blocking orders against network providers based on national and European law. The chamber found that the order for the network block was justified in the public interest – especially for the protection of minors. According to the court, the existing “age verification” mechanisms of the portals are not suitable for ensuring effective child protection.
Principle of Proportionality and European Law Aspects
The judges also weighed the question of whether network blocks are legitimized as an infringement of the communication and information freedom under Art. 5 GG as well as the business-related rights. The court concluded that the protection of minors should be prioritized as long as no adequate technical measures for age verification are implemented by the platforms. Even considering the freedom to provide services under Art. 56 TFEU, such a limited and youth protection-focused measure remains permissible.
Impact and Legal Assessment
With the recent decisions, the Administrative Court of Berlin has affirmed the previous line of case law on the regulation of pornographic internet offerings and the specification of requirements for age controls. As a result, internet providers must continue to maintain access barriers to the affected platforms for users from Germany.
No Final Legal Peace – Main Proceedings Still Pending
It is essential to note that these decisions are preliminary injunctions in provisional legal protection. The main proceedings, in which the legal foundations, the reasonableness of the blocks, and the technical possibilities of age verification will be examined in detail, are still pending. Until a resolution is reached in the main proceedings, the block remains a temporary measure. The further development of case law on this issue remains open, considering the European law dimensions and the technical advancements in age verification.
Integration into Current Legislation
The decision aligns with an increasing regulatory and oversight practice occurring both nationally and at the European level, aimed at specifically addressing youth protection norms in the digital space. Also, at the European level, such as within the framework of the Digital Services Act (DSA), there is an increased demand for the accountability of platform operators and intermediaries.
Outlook
The current jurisprudence highlights the complex interactions between media law access rights, the protection of children and teenagers, and the interests of internationally operating companies in the online sector. The ongoing development of technical protection mechanisms and the design of transnational regulatory frameworks will play a central role in the further course of the disputes.
For companies, investors, or platform operators, numerous questions arise regarding the implementation of regulatory requirements as well as existing and future liability risks. MTR Legal attorneys can assist with legal questions related to media or youth protection regulations in the online sector.
