Legal definitions
Laos defines a child as any person below the age of 18 years. The legal age of consent for sexual activity is 12 years, but under various conditions other ages apply. For example, any form of compensation for sex with a child between 12 and 15 years is unlawful. Additionally, sex with a child between 15 and 18 years of age by “luring, inciting, paying, or giving any type of benefit”—conduct related to terms like “online enticement or grooming”—is also prohibited.
Laotian law does not contain a comprehensive definition for “child sexual exploitation,” but this crime is understood within several different definitions, especially within the Law on Anti-Human Trafficking. That law defines sexual exploitation as forcing someone into “sexual slavery, prostitution, pornography activities,” or other sexual services. The Penal Code’s definition of Human Trafficking includes behaviors such as sexual exploitation, so these terms are closely linked in Laotian law. Similarly, Laotian law does not specifically define “child sexual abuse,” but the Penal Code criminalizes sexual intercourse with children under the age of 12 years, as well as sexual intercourse with minors 12 to 18 years of age through means of providing compensation. The Penal Code also criminalizes any action relating to the prostitution of minors under the age of 18 years. Conduct related to “sextortion” is addressed in the definition for “extortion” (as a general, not specifically sexual, offense).
“Sexually explicit conduct” is not defined, but the Penal Code criminalizes “any act that causes embarrassment of a sexual nature” to another person against their will.
Laos defines pornography in the Penal Code as a display of sexual organs and human sexual behavior, with no specific distinction for “child pornography.” While Laotian law does not have any specific definition of computer-generated pornography or sexual material, there are provisions in the law on Cyber Crime that criminalize certain computer-generated images or videos that might constitute CSAM.
Regulatory requirements/recommendations
Online platforms have a duty to review, screen, moderate, and detect content to identify child pornography or CSAM as “prohibited content” under the Decree of Internet Information Management and the Penal Code. This duty is imposed on “website managers” which is understood to include online platforms via the people who run them. This Decree imposes an explicit proactive monitoring obligation on website managers, requiring that they “inspect” content before disseminating it to ensure such content is not unlawful.
The law does not require the use of any particular technology or moderation method to conduct the required inspection or screening.
If child pornography or related materials, enticement, grooming, or sextortion occurs on an online platform and website managers are notified of it, they must report these offenses to law enforcement agencies.
Online platforms are not explicitly required to remove prohibited content, but an obligation to remove it is implied by prohibitions on disseminating it.
Age verification requirements/recommendations
Online platforms are not required to implement any method of verifying the age of a user before granting access to their services.
Parental consent requirements/recommendations
Online platforms are not required to implement any method of obtaining parental consent before a child uses their services.
Legal remedies for child victims
Child victims have access to various legal remedies. Online platforms have a duty to prevent the dissemination of prohibited content, which suggests a corresponding duty to remove such content when the platform is aware of its presence.
Laos does not have any provisions relating to a protective order or other court order that prohibits the person who posted such content from doing so in the future.
Child victims can file claims in court to protect their rights and interests, and a court may order the defendant to compensate the victim.
The Law on the Protection of the Rights and Interests of Children mandates the protection of children from all forms of abuse and establishes a fund specifically for the protection of the rights and interests of children. How to access the fund and exactly what services are available are unclear.
Child victims are not entitled to notification when an offender is arrested for conduct related to CSAM depicting them.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.