Legal definitions
In Guatemala, a child is a person under 13 years old, and an adolescent is a person from 13 years old to 18 years old. Guatemala has ratified the Convention on the Rights of the Child, which states that a child is under 18 years old. The age of consent for sexual activity is not explicitly defined but may be inferred to be 14 years old based on penal code provisions concerning rape.
Conduct related to child sexual exploitation, sexually explicit conduct, child sexual abuse, and child pornography or CSAM are addressed in various laws using different terminology. Laws related to “seduction” and “blackmail” address conduct commonly associated with enticement or grooming and sextortion. The penal code provision against child pornography may be applicable to computer-generated images or videos of CSAM through a prohibition of real or simulated images.
Regulatory requirements/recommendations
Online platforms generally are not required to review, screen, moderate, or detect content to identify CSAM or other exploitative content, but there are related regulations that prohibit the dissemination of pornography to minors or facilitation of seduction or blackmail.
Online platforms are not required to remove CSAM or other exploitative content when notified or to conduct human review of content.
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
Child victims have access to some legal remedies, most of which are tied to criminal prosecution and dependent upon a conviction. Through a reparation hearing, a victim may seek remedies related to restitution, rehabilitation, and guarantees of non-repetition, among others. A victim is not entitled to notification when an offender is arrested for conduct related to CSAM depicting the victim.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.