Legal definitions
According to the Child Pornography Ordinance, a “child” is a person under the age of 16 years old. The age of consent for sexual activity is either 16 years old or 21 years old, depending on gender and the sexual act involved.
”Child pornography” is explicitly defined in Hong Kong law. “Child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” and “intimidation” do not have specific definitions, but related concepts exist in various other laws and definitions. “Enticement” or “grooming” are similarly undefined and seem to be limited to creating pornography.
Hong Kong has ratified multiple international instruments, including the UN Convention on the Rights of the Child.
Regulatory requirements/recommendations
Publishing or allowing the publication of “obscene” materials of any kind, including CSAM, on an online platform is illegal. Police have previously made requests to online platforms to take down pornography and obscene articles.
Online platforms are not required or recommended to review or screen content to identify exploitation by either software or human moderators, report CSAM they become aware of, or remove CSAM when notified of its presence, although allowing CSAM to remain on their platforms may be considered an offense.
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
Courts can order a person to take reasonable steps to remove or delete an “intimate” image, and online platforms would be subject to this regulation if they are hosted in Hong Kong. Victims may bring an action against an online platform and seek injunctions, damages, or other civil remedies. Victims cannot seek victim compensation or services from government-funded sources. Victims can have access to information concerning an offender’s arrest, proceedings, and decisions not to prosecute.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.