Legal definitions
Taiwanese law distinguishes between a “child” and a “youth.” A “child” is a person under the age of 12, and a “youth” is a person under the age of 18 but older than 1Regulatory requirements/recommendations Both a “child” and a “youth” are “minors,” as a “minor” is a person under the age of 18. There is no specific rule providing a legal age of consent for sexual activity, but there are laws criminalizing sexual activity with a person below age 16 or with a person between the ages of 16-18 “in exchange for consideration.”
There is no specific definition for sexually explicit conduct, child sexual abuse, child pornography/CSAM, enticement, grooming, or sextortion, but there are relevant legal concepts that encompass conduct relevant to these terms.
Regulatory requirements/recommendations
Online platforms that meet the definition of “Internet Platform Provider” are subject to certain requirements. There is no express legal requirement that online platforms proactively review, screen, moderate, or detect content related to online child sexual exploitation, but they must block or remove such content when made aware of it by relevant authorities. During legal proceedings, online platforms must check or remove sexual images or videos of the victim at the request of the authority assisting the victim “insofar as technically feasible.”
Online platforms are not required to report online child sexual exploitation content, and they do not have to use human or any specific technology to screen or moderate content.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services. However, within a “self-regulation” framework that proposes age verification measures to protect minors, online platforms are allowed to develop their own self-regulation rules.
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
Legal remedies for child victims are available in Taiwan. Victims may request online platforms to remove CSAM through relevant authorities. The online platforms are then required (under penalty of fines) to remove the material. However, online platforms are not required to take proactive steps to remove material without requests.
There are no injunctions, court orders, or protective orders available against online platforms to stop the publishing of material or against persons to prevent posting material on online platforms.
A victim may seek both financial damages and victim compensation by statute, but 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.