Legal definitions
Pursuant to the Penal Code, “child” is generally understood to mean a person under 18 years of age, but the Harmful Publications Act defines a child as a person under 14 years of age, and a “young person” as a person 14 to 16 years of age.
The Penal Code provision about “sexual exploitation of children” is broad and encompasses conduct associated with other terms, such as “child sexual abuse” and “sextortion.” Provisions against “solicitation” address conduct associated with terms like “online enticement” or “grooming.” Prohibitions of conduct related to “child pornography” or “CSAM” are included in the criminalization of obscene publication and exhibition relating to children. The law does not specifically address computer-generated CSAM.
The age of consent is inferred (from the Penal Code’s provisions regarding statutory rape) to be 16 years of age. However, this law addresses only male actors/offenders and female children. Additional exceptions allow for certain girls as young as 12 years of age to be married.
Regulatory requirements/recommendations
Online platforms are not required to proactively screen or moderate content to detect child sexual exploitation, but the government can issue notices directing online platforms to remove unlawful content. A person who provides services by means of a computer—perhaps including online platforms—with knowledge of online conduct constituting an offense relating to child sexual abuse is required to report such information to law enforcement. Online platforms are not required to use human moderators or any specific technology to screen for 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.
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 may be able to seek injunctions to stop the publication of explicit imagery. Financial damages are accessible through criminal prosecution and are conditioned on the offender’s conviction. Victims may seek government-funded services, including financial assistance, medical and psychological care, etc. Child victims are not explicitly entitled to notification when an offender is arrested for offenses related to CSAM depicting them.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.