Legal definitions
Mongolian law defines “a child” to be a person under the age of 18 years, while a “minor” is specifically defined as a person who has not reached the age of 14 years. “Child sexual exploitation” is not defined; the law against “sexual exploitation” applies regardless of the victim’s age, except that the manner (force, threats, etc.) is not a required element of the crime when the victim is under the age of 18 years. Penalties are enhanced for compelling a child to engage in prostitution (understood as a form of sex trafficking elsewhere). “Sexually explicit conduct” is not clearly defined, but “rape” is broadly defined to include any forcible sexual acts, and any sexual activity (regardless of force) involving “a minor.” Similarly, “child sexual abuse” is not defined, but “sexual abuse” is one of several types of violence prohibited by the Law on Child Protection.
Neither “child pornography” nor “pornography” is defined, but the Criminal Code prohibits acts related to “pornography involving children.” The law does not appear to anticipate computer-generated CSAM. “Enticement or grooming” and “sextortion” are also not defined, but related conduct is prohibited by the Criminal Code. There is no defined legal age of consent for sexual activity, but sexual intercourse with a child under the age of 14 years is explicitly classified as rape. Other provisions of the Criminal Code suggest, without specifically defining, that 16 years is the age of consent.
Regulatory requirements/recommendations
Online platforms are not required to proactively review, screen, moderate or detect content to identify CSAM, enticement or grooming, or sextortion. Online platforms are not specifically required to report online child sexual exploitation conduct, although both citizens and legal entities generally are obligated to report crimes.
Online platforms are not explicitly required to remove or take down online child sexual exploitation content, although a regulatory agency—the Communications Regulatory Commission—facilitates notifications or requests for removal. There are no legal or regulatory requirements for online platforms to use human moderation or any specific technology to screen, moderate, or otherwise address online child sexual exploitation content.
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, but there is a general requirement that online platforms limit access to adult content through household internet connections.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before a child uses their services, even when the content to be accessed is intended only for adult audiences.
Legal remedies for child victims
Victims have limited access to legal remedies in Mongolia. In response to a complaint from a victim or other citizen, the Communications Regulatory Commission can demand that an online platform take some action, but the authority of the Commission may be limited to disabling access to a platform in the case of non-compliance.
Preliminary injunctions—court orders issued prior to a full hearing of a legal matter—are not available under Mongolian law.
Civil claims for monetary damages related to criminal allegations are tied to the criminal case, which takes priority for adjudication. The civil case cannot be resolved until the relevant criminal matter is adjudicated.
Crime victims are entitled to a variety of government-funded support, including access to crime victim compensation, psychological support, advance notice of investigative and judicial events, medical care, and other social assistance to recover from crime-related harm. A victim is not, however, entitled to notification when an offender has been arrested for offenses related to CSAM depicting the child.
"Safety by Design" requirements
Online platforms are not required to implement “Safety by Design” in their systems.