Legal definitions
Brunei defines a child as any person under the age of 18 years.
The Children and Young Persons Act (CYPA) defines “sexual abuse” of a child as any involvement of a child, “whether as a participant or an observer,” in any sexual activity for the purpose of creating CSAM or a “performance,” or for the purpose of sexual exploitation for another person’s sexual gratification. CSAM, without using that term, is described as “pornographic, obscene or indecent material, photograph, recording film or videotape” and includes “pseudo-photographs.” “Film” and “pseudo-photographs” are specifically interpreted to include “any form of video-recording” and “an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph,” respectively.
Bruneian law does not specifically define “child sexual exploitation,” “sexually explicit conduct,” or “sextortion” outside of the definition for sexual abuse and what is included in the United Nations Convention on the Rights of the Children, which Brunei has ratified.
“Online enticement or grooming” is addressed in the Penal Code as the “sexual grooming” of a person under the age of 16 by someone 21 years of age or older. Several conditions and acts constituting sexual grooming are specified.
Generally, the legal age of consent for sexual activity is 16 years, but the “sexual abuse” provisions of the CYPA apply to anyone under the age of 18 years.
Regulatory requirements/recommendations
The Penal Code implies an obligation on the part of online platforms to report CSAM on their systems. Both the distribution of, and allowing access to, CSAM are unlawful. The Authority for Info-communications Technology Industry (AITI) has issued guidelines for such reports. A government Content Advisory Council (CAC) has also been established to coordinate efforts among government agencies to regulate, enforce, and manage content issues within the country.
Online platforms are not required to proactively screen for, moderate, remove, or block online child sexual exploitation content, nor must they use any specific technologies for such purposes.
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, although the Minister for Home Affairs may have authority to impose such an obligation.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services, although the Minister for Home Affairs may have authority to impose such an obligation.
Legal remedies for child victims
Victims of online child sexual exploitation have few legal remedies in Brunei. A criminal court may order an offender to pay compensation to a victim, but the limits of such compensation are low considering the country’s high-income economic status. Victims cannot seek other financial damages or injunctions to stop or prevent future CSAM distribution, nor are they entitled to notification when an offender is arrested for offenses related to CSAM depicting them.
Brunei does not recognize the right to privacy and does not provide any civil legal remedies for victims of online sexual exploitation. Limited government-funded services are available to a victim, but only until the corresponding criminal case is resolved.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.