Legal definitions
In Bolivia, a “child” is a person under the age of 12 years, and an “adolescent” is a person aged 12 to 17 years. Collectively, children and adolescents are “minors” (under 18 years of age).
Terms including or closely related to “child sexual exploitation,” “child sexual abuse,” and “child pornography” are explicitly defined. Certain sexual conduct resulting from seduction or deception— concepts related to “online enticement or grooming” and “sextortion”—are unlawful. CSAM and “child pornography” related offenses are described in the law against Human Trafficking and apply to victims other than children under various circumstances. Computer-generated CSAM is not addressed in Bolivian law.
The age of consent for sexual activity appears to be 14 years of age, with close-in-age exceptions for adolescents as young as 12 years of age.
Regulatory requirements/recommendations
Bolivia does not regulate online platforms or establish specific obligations for reviewing or moderating content on these platforms. Bolivian law does impose sanctions on anyone who leases or sells pornographic material of children, which could implicate online platforms that do so.
Online platforms are not specifically obligated to report child sexual exploitation on their services, but any person with knowledge of acts of violence against minors is obligated to report to a “competent authority.”
Bolivia does not have any applicable law regarding removal of CSAM or other child sexual exploitation related content when notified by any entity.
Age verification requirements/recommendations
Generally, online platforms are not required to implement any method of verifying a user’s age before granting access to their services. However, some local online platforms involved in the sale of regulated products, such as alcohol and tobacco, have adopted age verification practices to comply with laws regulating that industry.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before a minor uses their services.
Legal remedies for child victims
Bolivian law allows child victims to initiate a criminal investigation, file a privacy-related civil action, and seek injunctions (under criminal process) to stop publication of CSAM.
The rights of and legal protections for women who are victims of violence have also been extended to minors. For minors, these protections include removing a perpetrator from the victim’s home, prohibiting any access to the victim, and the provision of “reflective, educational, or psychological treatment [for the perpetrator]…aimed at modifying violent and criminal behavior.”
Through both a criminal investigation and a privacy action, judges also can order the removal or elimination of the content and prohibit an offender from posting it in the future. Online platforms are not required to remove content absent a court order.
Judges can also award economic compensation for victims as part of a criminal process or privacy action. Anyone who is criminally responsible for an action is also civilly responsible and is obliged to repair the “material and moral damages caused by the crime.”
The State must guarantee permanent and free comprehensive assistance and care programs for children who have been “abused, exploited, and eroticized.”
Victims are not entitled to notification when an offender is arrested for distributing pornographic material in which the child is depicted.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.