The Chinese platform Shein has escaped the temporary suspension requested by the French State over the scandal of selling child sex dolls. A Paris court ruled that despite "serious harm to public order," a complete block of the platform would be "disproportionate" and would "unjustifiably infringe" on the right to freedom of business.
The verdict represents a setback for the French State, which had been in a two-month standoff with the Chinese giant and was expecting a "signal" directed at digital commerce platforms. The court found that Shein had not put the prohibited items up for sale "repeatedly and massively" but had responded in a "rigorous and quick" manner to French authorities' requests to remove the controversial child dolls from external sale.
Shein, which has already been fined three times this year for a total of 191 million euros for false promotions and misleading advertising, welcomed the judicial decision. "We are committed to continuously improving our control processes, in close collaboration with the French authorities," a company statement read. "We have intensified these initiatives, and our priority remains the protection of French consumers in accordance with the applicable legal and regulatory framework."
The alert about the sale of child sex dolls was raised in early November by the Directorate for Competition, Consumer Affairs, and Fraud Control (DGCCRF). The Paris Prosecutor's Office subsequently announced an investigation led by the Child Protection Office into "the distribution of violent and pornographic content" on the portals of Shein, AliExpress, Temu, and Wish.
The French government's lawyers requested a three-month suspension (and reopening with conditions) of the Shein portal based on section 6-3 of the Trust in the Digital Economy Act, under which the court can prescribe necessary measures to prevent or stop harm caused by online content.
The French government had escalated its legal battle against the Asian giant to the European level. In fact, the European Commission has formally requested information from the platform, and this procedure could ultimately lead to an official investigation.
Despite the rejection of the suspension request, Shein will not suddenly reopen itsmarketplace in France beyond the sale of low-cost fashion but will do so gradually, as explained by its lawyers. The platform has acknowledged the difficulty in establishing an effective age filter, so the adult category will remain temporarily closed.
During the last hearing held on November 5, the lawyers for the Chinese platform based in Singapore claimed to have been victims of a media campaign against them in France, coinciding with the opening of their first physical store in the Marais district of Paris. The controversy over the sex dolls reportedly led to a 38% drop in the company's online sales in France, according to Fashion Network.
"The same standard applied to Shein will also be applied to other deficient platforms," warned Small and Medium-Sized Enterprises Minister Serge Papin, predicting "a long battle" against e-commerce giants. The French State will require effective measures for detecting and controlling products, as well as the creation of a filter for minors, under the control of Arcom, the digital regulator in France.
Meanwhile, French authorities arrested 20 men last week in various parts of the country, accused of purchasing child sex dolls, several of them with a history of pedophilia.