Legal definitions
In Bhutan, multiple laws define a child as “a person below the age of 18 years.” While the terms “child sexual exploitation,” “sexually explicit conduct,” and “child sexual abuse” are not explicitly defined, the law defines related terms, including “child molestation,” “trafficking of a child,” “indecent exposure,” “bestiality,” “unnatural sex,” “lewd and lascivious conduct,” “child sexual abuse,” and various types of rape. The law defines “child pornography,” but does not explicitly address computer-generated CSAM. The existing text, which references “representation” of a child or sexual parts of a child, could be understood to include computer-generated CSAM.
The Penal Code of Bhutan includes an offense of “pedophilia,” which prohibits sexual solicitation of a child as might be understood to be common in “enticement” or “grooming” conduct. The legal age of consent for sexual activity is not explicitly defined, but several laws—the Marriage Act and Section 13 of the Penal Code, for example—imply that the relevant age is 18 years. “Sextortion” is not explicitly defined, but the Penal Code’s prohibition of “blackmail” and “extortion” each address sextortion-related conduct.
Regulatory requirements/recommendations
Online platforms are not explicitly required to review, screen, moderate, or detect content to identify CSAM. However, online platforms (and other entities) are prohibited from publishing or transmitting obscene communication, which includes both CSAM and all forms of pornography. An online platform could also be penalized for failure to report prohibited content that is discovered by regulatory authorities, but the applicability of these provisions to foreign entities is uncertain.
Online platforms are required to take reasonable steps to prevent “offensive communication”—a term that is not defined—from being delivered to children. The Consumer Protection Act is applicable to online platforms and authorizes the Consumer Board to create safety standards, but such standards have not been developed.
Online platforms, like any other persons, are required to report online child sexual exploitation to relevant authorities and may be subject to penalties for failure to report a crime. Once prohibited content is known to exist online, platforms are obligated to remove it or face prosecution for the offense of abetting.
Age verification requirements/recommendations
Online platforms are not required to implement any method to verify the age of a user.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before a child uses the online platforms’ services.
Legal remedies for child victims
While not specifically a right afforded to a victim, online platforms are obligated—under threat of criminal liability—to remove and not allow continued publication of prohibited content they are aware exists on their services. Courts may issue injunctions or other orders to compel online platforms or individual offenders to remove or stop publishing certain content, or to take other measures to protect a child.
A victim has the right to seek financial damages from an offender through both civil and criminal proceedings, and the right to seek other forms of compensation/recovery/services provided for under the law and/or by a government-funded source. A child victim is also entitled to notification when an offender is arrested for distributing CSAM in which the child is depicted.
"Safety by Design" requirements
Online platforms are not required to incorporate "Safety by Design” in their systems.