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| 6. | As regards the first scenario described in that recital, the Commission considers that a provider of an online platform cannot solely rely on a statement in its terms and conditions prohibiting access to minors, to argue that the platform is not accessible to them. If the provider of the online platform does not implement effective measures to prevent minors from accessing its service, it cannot claim that its online platform falls outside the scope of Article 28(1) of Regulation (EU) 2022/2065 based on that declaration. For example, providers of online platforms that host and disseminate adult content, such as online platforms disseminating pornographic content, and therefore restrict, in their terms and conditions, the use of their service to users over the age of 18 years old, will be considered accessible to minors within the meaning of Article 28(1) of Regulation (EU) 2022/2065 when no effective measures have been put in place to prevent minors from accessing their service.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.