Out-Law News

Adult sites must check age of visitors, says German court


The former operator of an adult web site has been convicted by a German court for failing to provide adequate customer age determination measures, according to Butterworths' EBLDIRECT.COM.

It appears that the site, which did not require user registration, promised "100% anonymity", and asked customers to enter a credit card number or a German federal ID number to prove that they were at least 18 years old. Once these details were disclosed, a dialer was downloaded. Customers' phone bills were charged €1.30 per minute.

German laws prevent under-aged access to unsuitable films, videos, books and other material in shops and other places of public access, and also via mail order.

The Neuss Administrative Court in Westfalia, Germany, apparently considered that, in contrast with situations where the requested ID can be checked against the individual who presents it, the internet is anonymous and requires more elaborate age checks.

The court noted that, on-line, the ID or credit card number check was easy to circumvent and that no customer addresses or other personal details were required to gain entry to the site in question. It therefore rejected the site operator's argument that he had taken all necessary measures to stop minors from accessing the web site, and imposed a fine of €3,500.

According to the EBLDIRECT report, child welfare authorities in April 2001 warned the site operator that the age checks were inadequate, but no action was taken.

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