Legal definitions
In the Falkland Islands, the definition of “child” varies between laws. In family law, “child” means a person under 18 years. In criminal law, “child” means a person under 14 years old, “young person” means a person ages 14-18, and “youth” encompasses both terms to mean a person below 18 years old. Generally, “infant” and “minor” mean a person under 18 years old unless otherwise defined in legislation. While not explicitly defined, the age of consent for sexual activity is implied as 16 years old; sexual activity with a child under age 16 is illegal, but there are exceptions that raise the age of consent to 18 years old.
Grooming is expressly defined; child pornography/CSAM and computer-generated images or videos of CSAM, while not explicitly defined, appear in multiple legal provisions. Child sexual exploitation, sexually explicit conduct, child sexual abuse, and sextortion are not specifically defined, but relevant conduct is addressed.
Regulatory requirements/recommendations
Online platforms are not required to review, report, or remove CSAM or other child sexual exploitation content on their services. While the Falkland Islands are a British Overseas Territory, the UK Online Safety Act, with its relevant regulatory obligations, is not automatically applicable there.
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
There are no specific legal remedies available to online child sexual exploitation victims. Child victims and their parents may seek other generally available remedies, but they are difficult to enforce outside of the Falkland Islands jurisdiction.
"Safety by Design" requirements
Online platforms are not required to implement any method of age verification before a user can access their services.