Berlin Administrative Court Confirms: Access Blocks to Pornhub and Youporn Remain Permissible in Germany
On May 2, 2025, the Berlin Administrative Court (Decisions VG 32 L 25/25 and VG 32 L 26/25) decided in the context of preliminary legal protection procedures that access blocks to the well-known internet platforms Pornhub and Youporn in Germany remain lawful. This decision occurs against the backdrop of ongoing disputes between the competent regulatory authority and the platform operators regarding regulatory requirements for the protection of minors.
Background of the Access Restrictions
Significant Legal Framework
The platforms in question provide content considered detrimental to development or dangerous for young people according to German youth protection laws. Under the regulations of the Youth Media Protection State Treaty (JMStV), providers are required to implement effective mechanisms for age verification. Only in this way can access to pornographic material be restricted for persons under 18 years old.
In the past, the Commission for the Protection of Minors in the Media (KJM) had determined that age controls on the affected platforms could not be deemed sufficient. Despite repeated requests, the providers did not fundamentally change their access systems. Consequently, the regulatory authority instructed the relevant internet access providers to block access to the offerings using technical barriers.
Procedure Status and Legal Challenges
The platform operators opposed these measures by seeking preliminary legal protection from the Berlin Administrative Court. The central argument of the applicants was that the authority’s order violated EU law and constitutional principles, particularly concerning the freedom to provide services and the principle of proportionality.
The Judgment of the Berlin Administrative Court
Reasoning of the Decision
The administrative court followed the main arguments of the regulatory authority and rejected the urgent applications of the platform operators. In the detailed justification, the judges emphasized that the protection of children and adolescents from content harmful to their development represents particularly significant public interest. In weighing up interests, the interest in effective youth protection outweighed the economic interests and freedom of information of the offering companies.
Furthermore, the appropriateness and necessity of access blocks were highlighted as a milder means compared to more extensive measures. The proportionality of the blocking orders was affirmed in the context of the dangers to the welfare of minors. EU law issues concerning the freedom to provide services were considered subordinate given the existing protection gaps in German youth media protection.
Note on the Preliminary Nature of the Decision
It should be noted that the decisions issued are in the context of preliminary legal protection. A final decision on the legality of the blocking orders in the main proceedings is still pending. Until a final decision is made, access to the affected platforms remains blocked in Germany. Therefore, the providers still have the opportunity to pursue a final judicial clarification in the main proceedings.
Significance for Practice and Future Developments
Implications for Platform Providers and Access Service Providers
The current decisions demonstrate that the German regulatory framework for youth protection on the internet opens up serious enforcement possibilities. Platform providers are required to structurally implement regulatory requirements for age verification systems to avoid access restrictions. At the same time, internet access providers are increasingly being held accountable to technically implement blocking measures and thereby contribute to compliance with youth media protection.
Implications under European Law
The progress of the proceedings and potential subsequent clarifications by higher courts or by the European Court of Justice with regard to EU law questions can be significant for the design of the regulation of digital content. In particular, the compatibility of German access blocks with the freedom to provide services and other EU law principles remains a subject of ongoing discussions.
Industry-Specific Challenges
The development underscores the challenges for international providers in operating online services and complying with national regulatory requirements. Issues of cross-border legal enforcement, technology neutrality, and the proportionality of regulation play a central role in this context.
Source and Note on Ongoing Proceedings
This summary is based on the decisions issued by the Berlin Administrative Court on May 2, 2025 (Ref. VG 32 L 25/25 and VG 32 L 26/25), which can be accessed, for example, via the portal urteile.news. The presumption of innocence applies as the main proceedings have not yet been concluded.
Should legal questions arise in connection with regulatory issues of digital content, questions of data protection, youth protection, or in the context of disputes with regulatory authorities, the attorneys at MTR Legal are available as points of contact with their comprehensive expertise.
