Legal definitions
In Afghanistan, a child is defined as a person who has “not completed the age of 18.” “Child exploitation” is the exploitation of a child for “business, work, sexual, and misbehavior purposes” that leads to “injury to the physical, mental, and psychological health or life or human dignity of the child.” The definition of “sexual exploitation” of children includes touching for sexual pleasure, encouragement of or forcing a child to be used by another for sexual pleasure, exposing a child to “sexual activities or immorality and pornography,” and providing or permitting prostitution of a child.
Afghan law does not have a specific definition for child sexual abuse, but the law uses the term “Bacha Bazi,” which is defined as “keeping a male or she-male child for sexual pleasure, dancing in public or private parties, singling, clothing with female clothes, pederasty, rape, intercourse, touching, pornography, and sleeping with.” Afghan law does not define “child pornography” or “child sexual abuse material,” “computer-generated CSAM,” “enticement or grooming,” or “sextortion.” Sexual activity outside of marriage is prohibited, so the age of consent is defined under Afghan Civil Law as the capacity to marry, which is 18 for males and 16 for females.
Regulatory requirements/recommendations
All forms of pornography are prohibited under Afghan law, and there is little consideration for online platforms. There is no specific requirement to prevent child pornography, nor any duty on the owner or operator of an online platform to prevent illegal or inappropriate activity. While there are no requirements to proactively review, remove, or report illegal material online, an online platform operator or owner might be considered an accomplice under Afghan law and subject to the same punishment as the principal offender. An online platform operator or owner who is notified of pornography or other illegal material on their system and does not remove it could face criminal charges as an accomplice in violation of several articles of the penal code, including Crimes against Public Ethics, Disclosing Personal Secrets, or Pornography.
Age verification requirements/recommendations
Online platforms are not required to implement any age verification measures.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before children can use their systems.
Legal remedies for child victims
While online child sexual exploitation is prohibited, there are no legal remedies—beyond the ability to report it as a crime—provided for child victims under Afghan law. Courts are authorized to issue injunctions and protective orders, and child victims may also seek relief by reporting the crime to the Ministry of Information and Cultural Affairs. Personal injury claims are theoretically possible avenues for a victim to seek financial damages or other monetary recovery from an offender, however the feasibility of this in practice is unknown. There are no services, compensation, or recovery for victims from any government-funded source, nor is there a notification requirement for victims under Afghan law.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.