Legal definitions
Chilean Civil Code defines a minor (in the context of legal capacity to contract) as someone who has not reached the age of 18 years. Minors are further subdivided into three different groups: the infant or child (under 7 years of age), the “impuberal” (male under 14 years of age or female under 12 years of age), and the “menor-adulto” (someone who has “ceased to be impuberal” but not yet reached the 18 years of age).
In the area of family law, Chile considers a child to be anyone who has not reached the age of 14 and an adolescent as anyone from the age of 14 until they reach 18. The Chilean Criminal Code defines the legal age of consent for sexual activity to be 14, with some limitations regarding minors 14 to 17 years of age.
The Chilean Criminal Code defines child sexual exploitation as the use of a person under 18 for the performance of a sexual act or “an act of sexual significance” in exchange for any form of compensation to the victim or a third party. Chilean law does not have a specific definition for child sexual abuse, but the Criminal Code punishes the crime of rape, as well as a “series of conducts regarding the sexual abuse of minors.” The Criminal Code defines child pornography as any representation of minors engaged in real or simulated explicit sexual activities or any representation of their bodies, voice, or image for primarily sexual purposes.
Chilean law does not provide definitions for the terms “sexually explicit conduct,” “computer-generated images or CSAM,” “sextortion,” or “enticement or grooming.” However, grooming can be interpreted as a criminal form of sexual harassment by an adult who contacts a minor to gain their trust and then involve them in sexual activity. The Ministry of the Interior and Public Safety has published a flyer which contains a concept of sextortion, stating that it consists of blackmail in which the victim is threatened with the dissemination of images, videos, or other sexual material of their own.
Regulatory requirements/recommendations
Chilean law does not contain any regulatory requirements or recommendations for online platforms related to the protection of children against sexual exploitation. However, proposed legislation aims to regulate digital service platforms in Chile and would impose certain responsibilities for the content they provide and data protection duties.
The current Chilean Criminal Code prohibits the transmission of an image or sound that causes a minor to witness, see, or hear the performance of a sexual act. However, criminal sanctions can only be imposed on the person who commits or is involved in the commission of this crime, not the online platform that may have inadvertently facilitated the crime. The Public Prosecutor’s Office, however, can initiate a criminal investigation into a platform to discover who within the company has intervened in the commission of the crime, either by perpetrating it or failing to take necessary measures to prevent it.
Age verification requirements/recommendations
Chilean law regulates an age qualification system for the purposes of commercialization, exhibition, and public distribution of “cinematographic productions and videogames” which may be applicable to online platforms as distributors of such media, though the law primarily applies to the screening of movies that are physically exhibited in theaters. The owner, representative, or administrator of the company or platform that violates this law may be sanctioned with a fine.
Parental consent requirements/recommendations
Chile does not have any specific regulations requiring online platforms to obtain parental consent before a child uses their services, but Chilean Civil Code does distinguish between minors and adults for purposes of entering into a legally binding contract. Laws regarding users’ personal data and contracting with online platforms do not specifically distinguish between minors and adults.
Legal remedies for child victims
Chilean law provides legal remedies for children who have been victimized by online child sexual exploitation. While there is no specific law that allows a child to stop the publication of pornography or CSAM by an online platform, there is a process within the Chilean Constitution that provides for a child or a child’s representative to file a “constitutional protection remedy” which could result in the Court ordering the removal of all material “affecting the honor, reputation, and right to self-image” of the victim. This protection remedy could also assist the victim in preventing future publication of related materials. Financial damages could be sought through an ordinary proceeding for damages for “extra-contractual liability.” There are no specific regulations in Chile that assist victims in seeking any other kind of compensation or services; nor do victims have the right to notification when an offender is arrested for distribution of material in which the victim is depicted.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their services.