Legal definitions
In Mexico, a child is under 12 years old, and an adolescent is between 12 years old and less than 18 years old. A minor is less than 18 years old. The legal age of consent is 18 years old; any sexual activity with a younger person is considered rape.
Child sexual exploitation, child sexual abuse, child pornography/CSAM, and enticement or grooming are clearly defined in Mexican law, with reference to the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child where applicable. Sexually explicit conduct is mentioned in law but not defined. Computer-generated images or videos of child pornography/CSAM and sextortion are not explicitly defined, but similar concepts exist in Mexican law.
Regulatory requirements/recommendations
Online platforms are required to remove CSAM they become aware of. There is no specific obligation requiring online platforms to review, screen, moderate, or detect CSAM, enticement, grooming, or sextortion, but it is a crime to reproduce or store pornographic material. Similarly, there is no requirement to review content using human moderators or any specific technology.
Age verification requirements/recommendations
Online platforms are not required to implement age verification mechanisms in Mexico, but it is considered non-binding best practice to verify the age of platform users.
Parental consent requirements/recommendations
Online platforms are required to obtain, through any process that adheres to legal requirements, a parent’s or guardian’s consent before a minor can use their services.
Legal remedies for child victims
There are no remedies available prior to publication, but online platforms may be required to stop ongoing publication of certain materials via court order. Victims may request precautionary measures where applicable. Child victims may seek financial damages and access to support resources. Though not legally required, it is general practice to inform victims when an offender is arrested. In addition, if the victim is female, there are additional offenses and remedies through the General Law on Women’s Access to a Life Free of Violence.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.