Legal definitions
Costa Rica defines “child” from as a person from the moment of conception to 12 years old and an “adolescent” as a person over 12 years old but under 18 years old. If there is any doubt as to the age of a person, the younger category will prevail over the older. Costa Rica has also ratified the United Nations Convention on the Rights of the Child, which defines a child as a person under the age of 18. The age of consent for sexual conduct is 15 years old.
Child pornography and grooming are explicitly defined in both domestic laws and the UN Convention. There is no specific definition for child sexual exploitation, but there are laws providing for punishment of crimes considered child sexual exploitation and a guide for health officials concerning care for victims of commercial child sexual exploitation. “Sexually explicit conduct” is not expressly defined but a definition can be inferred from existing legal understanding of the term’s elements. “Sextortion” is undefined, but directly related to extortion generally.
Regulatory requirements/recommendations
Online platforms are not required to take any actions to prevent, review, moderate, remove, or report online child sexual exploitation content. Government action is focused on individual cases through the criminal justice system and the development of recommendations to the Legislative Assembly by the Inter-Institutional Commission for the protection of minors against sexual crimes committed through electronic or virtual means.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
Legal remedies for child victims are available upon filing a criminal complaint. If an online platform “resides” in Costa Rica and a physical person can be held accountable, the platform may be obligated to remove CSAM. Further, a judge can issue an injunction or court order against the platform’s domestic representative for appropriate actions, including prohibiting further posting. Costa Rica asserts extraterritorial jurisdiction only in cases involving Costa Rican nationals.
If a criminal case is filed, a concurrent civil action for restitution may also be brought. The plaintiff may request compensation for financial damages and physiological damages. Victims have access to psychological care and other services through the Office of Attention and Protection of Victims. The judicial system notifies victims via email when an offender is arrested.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.