Legal definitions
Laws in Macau define a minor as “anyone who has not yet reached 18 years of age,” with the criminal law defining “children”—persons under the age of 14 years—as a subset of minors. Several articles in the Criminal Code address conduct related to, without explicitly defining, “child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” “child pornography” or “CSAM,” “enticement” or “grooming,” and “sextortion.”
Sexual activity is unlawful in all circumstances involving minors under the age of 14 years (“children”), and permissible in some circumstances involving minors ages 14 to 18 years. The age of consent for the practice of prostitution and being involved in pornography is 18 years.
Regulatory requirements/recommendations
There are no specific laws or regulations establishing an obligation by or recommendation to online platforms to review, screen, moderate, or detect content to identify child pornography/CSAM, enticement, grooming, or sextortion of a child. Online platforms are not explicitly required to report online child sexual exploitation to relevant authorities, and they must remove child sexual exploitation content only on the order of a competent legal authority.
Age verification requirements/recommendations
Online platforms are not required to implement any method to verify the age of a user before allowing access to their services.
Parental consent requirements/recommendations
Online platforms are not required to implement any method to obtain parental consent before allowing children to access their services.
Legal remedies for child victims
There are only a few avenues for child victims to seek legal remedies. While online platforms are not required to take down offending materials upon discovery, they are required to comply with certain directives from lawful authorities, including law enforcement and courts. Victims may seek court orders requiring an Online Platform to stop publication of offending materials, however there are certain relevant timelines that must be observed. If a civil action is initiated concurrent to a criminal action, the criminal case or proceeding may be closed as the aggrieved party would be considered to have waived the right to criminal remedies.
While a take-down order may be issued as part of a criminal case, such an order would not prevent other publication of similar content. A civil injunction may prohibit a poster from future actions, but that provision has apparently not been tested in practice.
During a criminal proceeding, a victim may file a monetary claim for damages. Victims are afforded other rights, including confidentiality (depending on age), protective orders restricting contact by offenders, notification, and possibly government-appointed legal representation.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.