Berlin Administrative Court confirms: Access blocks to Pornhub and Youporn in Germany remain permissible
On May 2, 2025, the Berlin Administrative Court (Orders VG 32 L 25/25 and VG 32 L 26/25), in the context of preliminary legal protection proceedings, ruled that the access blocks to the well-known internet platforms Pornhub and Youporn in Germany remain lawful. This decision comes against the backdrop of ongoing disputes between the responsible supervisory authority and the platform operators regarding regulatory requirements for the protection of minors.
Background of the access restrictions
Relevant legal framework
The platforms in question provide access to content that is considered prejudicial to development or harmful to minors under German youth protection law. According to the provisions of the Interstate Treaty on the Protection of Minors in the Media (JMStV), providers are required to maintain effective mechanisms for age verification. Only in this way can access to pornographic material by persons under the age of 18 be excluded.
In the past, the Commission for the Protection of Minors in the Media (KJM) found that the age verification measures on the affected platforms could not be considered sufficient. Despite repeated requests, the providers did not fundamentally change their access systems. As a result, the supervisory authority required the relevant internet access providers to block access to the offers using technical blocking measures.
Status of proceedings and legal challenges
The platform operators challenged these measures by seeking interim legal protection before the Berlin Administrative Court. The applicants’ central argument was the claim that the authority’s order violated principles of EU law and constitutional law, in particular with regard to the freedom to provide services and the principle of proportionality.
The decision of the Berlin Administrative Court
Reasoning for the decision
The Administrative Court followed the essential arguments of the supervisory authority and rejected the urgent applications of the platform operators. In its detailed reasoning, the judges emphasized that the protection of children and young people from content harmful to their development constitutes a particularly significant public interest. In the balance, the interest in effective youth protection outweighed the economic interests and freedom of information of the offering companies.
Furthermore, the suitability and necessity of the access blocks as a less intrusive measure compared to more extensive actions was highlighted. The proportionality of the blocking orders was affirmed in the context of the risks to the welfare of minors. The issues of EU law regarding the freedom to provide services were also considered secondary in view of the existing protection gaps in German youth media protection.
Notice on the provisional nature of the decision
It should be noted that the decisions rendered are those in interim legal protection proceedings. A final decision on the legality of the blocking orders in the main proceedings is still pending. Until a final binding decision is made, access to the affected platforms in Germany remains blocked. The providers thus retain the possibility of obtaining a final judicial determination in the main proceedings.
Significance for practice and future developments
Implications for platform operators and access service providers
The current decisions demonstrate that the German regulatory framework for youth protection on the internet offers serious enforcement options. Platform operators are required to structurally implement the regulatory requirements for age verification systems in order to avoid access restrictions. At the same time, internet access providers are increasingly obliged to implement blocking measures technically and thereby contribute to compliance with youth media protection.
Implications under European law
The continuation of the proceedings and possible subsequent clarifications by higher courts or the European Court of Justice regarding issues of EU law could be significant for shaping the regulation of digital content. In particular, the compatibility of the German access blocks with the freedom to provide services and other EU law principles remains the subject of ongoing debate.
Industry-specific challenges
The developments highlight the challenges for international providers in operating online services and complying with national regulatory requirements. Issues relating to cross-border enforcement, technological neutrality, and proportionality of regulation play a central role in this context.
Source and note on ongoing proceedings
This summary is based on the orders published by the Berlin Administrative Court on May 2, 2025 (docket numbers VG 32 L 25/25 and VG 32 L 26/25), available for example via the portal urteile.news. The presumption of innocence applies, as the main proceedings have not yet been concluded.
If you have any legal questions in connection with issues of digital content regulation, data protection, youth protection, or disputes with supervisory authorities, the lawyers at MTR Legal are available as your competent point of contact with their comprehensive expertise.
