Legal definitions
Several laws in Guyana consistently define “child” and “minor” as a “person under the age of eighteen years” and extend the definition to include a person with a childhood disability or “special needs” beyond the age of 18 years. Concepts associated with “child sexual exploitation” and “child sexual abuse” are included in Guyana’s legal definition of “abuse,” which also includes “the involvement of a child in unlawful sexual activity, prostitution or pornography.”
Guyana’s Cybercrime Act defines “child pornography” to include certain computer-generated or modified images, animation, or text, specifically prohibiting “parts of a child's body pasted, for sexual purposes, to visual representations of parts of an adult's body or vice versa.” Proof of the actual identity of a child is explicitly not required within this definition.
While “grooming” is not specifically defined, the law acknowledges its relevance by prohibiting “meeting a child following sexual grooming.” The definition of “child luring” includes elements commonly associated with grooming, including communicating or arranging a meeting with a child for sexual purposes. Similarly, “sextortion” is not specifically defined, but the behavior typical of such offending is clearly prohibited by the Cybercrime Act.
The legal age of consent for sexual activity is 16 years; an offender’s belief that a child is at least 16 years old is irrelevant.
Regulatory requirements/recommendations
Online platforms are not required to proactively review, screen, moderate, or detect online child sexual exploitation content. The Cybercrime Act includes mandatory reporting obligations for “a person or a service provider who has knowledge of another person committing [child pornography or child luring offenses] through a computer system….” Service providers are also required “to store traffic data of subscribers for ninety days from the date the data is generated by a computer system.”
Certain police officials may file an ex parte application before a Judge to seek an order requiring removal or disabling access to certain electronic data “in contravention of” the Cybercrime Act.
Age verification requirements/recommendations
Online platforms are not required or recommended to implement any age verification methods before allowing a user to access their services.
Parental consent requirements/recommendations
Online platforms are not required or recommended to obtain parental consent before allowing a child to use their services.
Legal remedies for child victims
There are no apparent legal remedies available to victims of online child sexual exploitation.
"Safety by Design" requirements
Online platforms are not required to implement “Safety by Design” in their systems.