Italy Suspends Age Verification TAR Lazio Rules for Aylo/Pornhub
The Regional Administrative Court of Lazio has granted Aylo's appeal and suspended Italy's mandatory age verification requirements for adult websites. Pornhub and other Aylo properties can operate without age gates until the final ruling on the merits.
What Did the TAR Lazio Rule?
The TAR Lazio (Regional Administrative Court of Lazio) accepted Aylo's appeal and suspended AGCOM's age verification mandate for adult websites. This interim ruling means Pornhub and other Aylo-owned platforms are no longer required to implement age verification systems in Italy until the court issues its final decision on the merits of the case.
The Court's Decision
The TAR Lazio granted a precautionary suspension (sospensiva cautelare) of Resolution 61/24/CONS, which had mandated age verification for all adult content platforms operating in Italy.
This suspension is temporary but immediately effective. Adult websites can now operate in Italy without implementing the previously required age gate systems.
The court found sufficient grounds to question the legality and proportionality of AGCOM's mandate, warranting a full review before enforcement continues.
Legal Status
This is an interim ruling, not a final judgment. The suspension remains in effect until the TAR Lazio completes its review and issues a decision on the substantive legal questions raised by Aylo's appeal.
Who Is Aylo and Why Did They Sue?
Aylo is a Luxembourg-based holding company that owns Pornhub, RedTube, YouPorn, and several other major adult websites. Formerly known as MindGeek, Aylo rebranded in 2023 and is one of the world's largest adult entertainment conglomerates, controlling an estimated 60-70% of global tube site traffic.
Why Aylo Filed the Appeal
AGCOM's age verification mandate would have required Aylo to implement identity verification systems for all Italian users before granting access to adult content.
Aylo argued that compliance would impose disproportionate costs and technical burdens, while raising serious privacy concerns for users who would need to provide government ID or biometric data.
The company also contended that AGCOM lacked proper legal authority to impose such requirements without explicit parliamentary legislation.
| Aylo Property | Monthly Traffic | Status |
|---|---|---|
| Pornhub | 100M+ visits | Suspension applies |
| RedTube | 50M+ visits | Suspension applies |
| YouPorn | 40M+ visits | Suspension applies |
| Brazzers | 20M+ visits | Suspension applies |
Aylo's Luxembourg headquarters places the company under EU jurisdiction, enabling it to challenge Italian regulatory actions through EU legal frameworks, including questions of cross-border service provision and proportionality of national measures.
What Was AGCOM's Age Verification Mandate?
AGCOM (Autorità per le Garanzie nelle Comunicazioni) issued Resolution 61/24/CONS requiring all adult content platforms to verify users are 18+ before granting access. The regulation mandated robust identity verification methods including government ID checks, digital identity systems (SPID), or third-party age verification services.
Requirements of the Mandate
Adult websites were required to implement one or more approved verification methods that could reliably confirm a user's age before displaying any adult content.
Acceptable methods included: SPID (Italian digital identity), electronic ID card verification, credit card validation, or certified third-party age verification providers.
Simple self-declaration ("I am over 18" checkboxes) was explicitly deemed insufficient under the new rules.
| Method | Description |
|---|---|
| SPID | Italian digital identity system with verified credentials |
| CIE | Electronic ID card with digital certificate |
| Third-party AV | Certified age verification service providers |
| Credit card | Card verification (implies 18+ cardholder) |
Privacy Concerns
Critics argued that linking adult content access to government identity systems creates significant privacy risks. Data breaches or misuse could expose sensitive browsing habits tied to real identities, a concern the TAR Lazio appeared to take seriously.
What Were Aylo's Legal Arguments?
Aylo's legal team presented multiple arguments challenging AGCOM's authority, the proportionality of the mandate, and potential conflicts with EU law. The TAR Lazio found these arguments sufficiently compelling to warrant suspending enforcement pending full judicial review.
Competence and Authority
Aylo argued that AGCOM exceeded its regulatory authority by imposing requirements that should require explicit parliamentary legislation. Age verification mandates affecting fundamental rights require proper democratic process.
The company contended that only the Italian Parliament, not an administrative agency, has the constitutional authority to mandate identity verification for accessing legal content online.
Proportionality Principle
The appeal argued that the mandate violated the EU proportionality principle—the measures imposed were more restrictive than necessary to achieve the stated goal of protecting minors.
Less invasive alternatives exist, including parental control software, device-level age settings, and ISP-level filtering options that don't require collecting personal identity data.
E-Commerce Directive Conflicts
Aylo cited potential conflicts with the EU E-Commerce Directive, which establishes the "country of origin" principle for online services. As a Luxembourg company, Aylo argued it should primarily be regulated by Luxembourg authorities.
This argument challenges Italy's ability to impose additional requirements on services legally established in another EU member state.
How Does This Affect Italian Users?
Italian users can now access Pornhub and other Aylo websites without providing identity verification. The suspension restores the status quo ante—users need only confirm they are adults through standard age gate disclaimers, as was the case before AGCOM's mandate.
Immediate Changes
Users accessing Aylo properties from Italy no longer encounter mandatory ID verification screens. Standard age confirmation prompts remain, but no personal data collection is required.
This applies to all Aylo-owned platforms including Pornhub, RedTube, YouPorn, and premium sites like Brazzers. VPN usage is no longer necessary for Italian users seeking to avoid verification.
What About Other Adult Sites?
The ruling specifically addresses Aylo's appeal. However, the legal reasoning creates precedent that other adult platforms may cite to challenge similar enforcement actions.
Non-Aylo adult websites should monitor the situation closely. AGCOM may pause broader enforcement pending the TAR Lazio's final ruling to avoid additional legal challenges.
Users who were concerned about providing government ID to access adult content can now do so anonymously. The suspension eliminates the privacy risks associated with linking adult content consumption to verified identities.
What Does This Mean for the Adult Industry?
The TAR Lazio ruling represents a significant victory for the adult industry in its ongoing legal battles against mandatory age verification across Europe. This decision provides legal precedent and strategic ammunition for challenging similar regulations in other jurisdictions.
Strategic Implications
The ruling demonstrates that administrative age verification mandates can be successfully challenged in court, particularly on proportionality and authority grounds.
Other adult platforms may adopt similar legal strategies in countries considering or implementing comparable requirements. The arguments accepted by TAR Lazio are applicable across EU jurisdictions.
For comprehensive information on regulatory trends affecting the industry, explore our laws and regulations coverage.
Market Impact
Aylo's Italian traffic had reportedly declined significantly following the verification mandate. The suspension is expected to restore normal traffic levels as users return from VPN workarounds or competitor sites.
What Happens Next?
The TAR Lazio will now conduct a full review of the legal merits of Aylo's challenge to AGCOM's age verification mandate. This process is expected to take several months to over a year, during which the suspension remains in effect.
Possible Outcomes
If Aylo wins: AGCOM's mandate would be annulled, potentially requiring new legislation to implement age verification. This would set precedent against administrative mandates.
If AGCOM wins: The mandate would be reinstated, though Aylo could appeal to the Council of State (Consiglio di Stato), Italy's highest administrative court.
Compromise ruling: The court could modify requirements, accepting some provisions while striking down others as disproportionate.
How Does This Compare to Other EU Countries?
Age verification requirements vary significantly across Europe, with some countries mandating strict ID checks while others rely on self-declaration. Italy's suspended mandate was among the most comprehensive in the EU, and the TAR Lazio ruling may influence regulatory approaches across the continent.
France: Aggressive Enforcement
France has taken the most aggressive stance, with ARCOM (the French regulator) threatening to block non-compliant sites. Major platforms including Pornhub have faced blocking orders, though enforcement remains inconsistent.
French courts have generally supported age verification mandates, but legal challenges continue on privacy and proportionality grounds.
Germany: KJM Enforcement
Germany's Commission for the Protection of Minors in the Media (KJM) has ordered ISP-level blocking of non-compliant adult sites. Several major platforms are currently blocked for German users without verification.
The German approach has been criticized as ineffective, as users easily circumvent blocks using VPNs or accessing alternative domains.
UK: Delayed Implementation
The UK's Online Safety Act includes age verification provisions, but implementation has been repeatedly delayed. Ofcom is still developing detailed guidance on acceptable verification methods.
The UK approach may benefit from observing EU legal challenges and court decisions before finalizing requirements.
| Country | Approach | Current Status |
|---|---|---|
| France | Mandatory AV + blocking | Active enforcement |
| Germany | ISP blocking orders | Active blocking |
| Italy | AGCOM mandate | Suspended |
| UK | Online Safety Act | Pending rules |
| Spain | Proposed legislation | Under debate |
Key Takeaways
- TAR Lazio suspended Italy's age verification mandate for adult websites following Aylo's legal appeal. Pornhub and other Aylo sites can operate without ID checks until the final ruling.
- The suspension applies immediately and remains in effect until the court completes its full review of the legal merits, expected sometime in 2026.
- Aylo argued the mandate exceeded AGCOM's authority, violated EU proportionality principles, and conflicted with E-Commerce Directive provisions on cross-border services.
- Italian users no longer need to provide ID to access Aylo platforms. Standard age confirmation prompts remain, but no personal data collection is required.
- This ruling provides legal precedent for challenging similar age verification mandates across Europe. Other platforms and jurisdictions may cite this decision in their own legal challenges.
- The final outcome remains uncertain. If AGCOM wins on the merits, age verification requirements will be reinstated, though further appeals are possible.
The TAR Lazio ruling marks a significant development in the ongoing legal battle over online age verification in Europe. While child safety concerns driving these mandates are legitimate, courts are increasingly scrutinizing whether the chosen regulatory approaches properly balance protection goals against privacy rights and proportionality requirements.
For ongoing coverage of regulatory developments affecting the adult industry, follow our laws and regulations section and industry statistics for market impact analysis.
