German providers must block porn site xHamster
The Commission for the Protection of Minors in the Media has ruled that the five largest German providers should block the porn site xHamster. The site does not prevent children and young people from viewing the content, which is in violation of German law.
By law, porn sites must perform a (one-time) age check. The user must confirm to the site that they are of age by creating an account on the site and showing proof of identity, the KJM writes. In addition, the website must personally contact the user to identify them. This is necessary to ‘prevent identity fraud as much as possible’.
The case against Hammy Media Ltd, the company behind xHamster, has been ongoing since 2020. At that time, the North Rhine-Westphalia State Media Authority requested the company to adapt its website so that it would comply with the German media law. Hammy Media, which is based in Cyprus, has not responded to this.
The providers Telekom Deutschland, Vodafone, 1&1 Telecom, Telefónica Germany and Tele Columbus are ordered by the Commission for the Protection of Minors to set up a dns blocking of xHamster. The local media regulators in the states of Bavaria, North Rhine-Westphalia, Berlin-Brandenburg and Rhineland-Palatinate have sent similar reminders. Telefónica and 1&1 are checking the block request. Tele Columbus tells heise online that it wants to implement the blockade immediately.
Vodafone is more reserved. The provider is waiting for a court order and wants to thoroughly investigate the request first, because the case is a legal dispute between Hammy Media and the Media Authority of the state of North Rhine-Westphalia. “Network providers such as Vodafone are actually uninvolved third parties in this case. They have no contract with this company and do not provide any services for it. The Commission’s position is that it has exhausted all measures against the provider and that network providers can now until this provider has to block,” said Vodafone.
Update, 15.12: The previous version of this article did not explain what porn sites in Germany should do to prevent minors from viewing their content. That information has been added.