INDUSTRIES, MEDIA | AGCOM orders DNS blocking of adult content website for lack of age verification

On 18 March 2026, the Italian Communications Authority (AGCOM or the Authority) adopted Decisions No. 73/26/CONS and No. 74/26/CONS (the Decisions) ordering the blocking of the websites “giochipremium.com” and “hentai-ita.net” (the Websites), attributable to an operator established in Italy named Onlab S.r.l.s. (the Company), for violations of Legislative Decree No. 123 of 15 September 2023, converted into Law No. 159 of 13 November 2023 (the Caivano Decree).

The Decisions arise from monitoring activities carried out by AGCOM to verify compliance by adult content providers with Resolution No. 96/25/CONS (the Resolution), which sets out the technical and procedural requirements for age verification systems pursuant to Article 13-bis of the Caivano Decree. In this context, AGCOM found that the Websites failed to implement effective age verification mechanisms, relying instead on purely declarative tools (such as self-certification or generic “18+” notices), thereby allowing unrestricted access to pornographic content.

In the Decisions, the Authority clarified that the mere use of disclaimers is insufficient, requiring instead the implementation of robust technical measures capable of effectively verifying users’ age through appropriate validation mechanisms, including, where applicable, redirection to certified third-party verification providers. AGCOM rejected the Company’s argument that such obligations would apply only to “very large online platforms” under the DSA (Regulation (EU) 2022/2065), clarifying that Article 13-bis of the Caivano Decree applies to all websites and video-sharing platforms distributing pornographic content in Italy, irrespective of their size. The Authority further dismissed the argument that the Resolution had been suspended by interim orders of the TAR Lazio (Nos. 1857/2026, 656/2026, 657/2026 and 1851/2026), noting that the orders did not suspend the effectiveness of the Resolution and, in any event, would not extend to operators not party to those proceedings.

Following the failure to comply with prior notices sent on 12 February 2026, with the Decisions AGCOM found the Company in breach of the Caivano Decree and, pursuant to Article 13-bis(5) ordered internet access providers to disable access to the websites from Italy through DNS blocking until compliance is ensured.

Newsletter n. 117 – April 2026