Legal definitions
In Ecuador a child is an individual who has not reached the age of 12 years, and an adolescent is an individual between the ages of 12 and 18 years. The Criminal Code implies the legal age of consent to be 14 years. According to the Constitutional Court of Ecuador, the consent of adolescents between the ages of 14 and 18 years to engage in sexual activity should be subject to a “case-by-case evaluation to ascertain its validity.”
“Sexual exploitation” is defined in as being comprised of “child prostitution” and “child pornography.” “Child pornography” is defined and applies to adolescents as well. “Sexually explicit conduct” is not specifically defined. “Sexual abuse” is broadly defined and includes elements common to “enticement or grooming;” other provisions may apply to enticement or grooming as well. The Criminal Code includes a provision prohibiting “sexual extortion” against any person, not specifically children.
Computer-generated images or videos of child pornography are not specifically regulated in Ecuador, but the existing child pornography provisions imply that computer-generated CSAM are also prohibited.
Regulatory requirements/recommendations
Online platforms are not required to proactively screen, moderate, detect, or remove content related to online child sexual exploitation, nor must they use any particular methods or technology to do so.
Age verification requirements/recommendations
Online platforms are not required to implement any method to verify the age of a user before allowing access to their services. However, data protection provisions impose age-related obligations regarding personal data of children and adolescents, without specifying how compliance should be achieved.
Parental consent requirements/recommendations
Online platforms are required, under the Organic Law for the Protection of Personal Data, to obtain parental consent before a minor under 15 years of age uses their services if the services require the creation of an account with personal data.
Legal remedies for child victims
Victims of online child sexual exploitation have access to some legal remedies. Ecuadorian law recognizes the “right to protect personal data, informational self-determination, image, honor, and privacy.” Constitutional “precautionary measures” can be applied to prevent or stop the violation or threat of violation of a right (several of which would be violated through online sexual exploitation). Courts can also grant protection measures when constitutional rights are violated.
Victims may seek both “material and non-material damage[s]” via court-ordered “reparation” through both civil and criminal actions. A victim is entitled to notification of a trial verdict, but not of an offender’s arrest for conduct related to CSAM depicting the victim.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.