Legal definitions
While Uruguay has ratified the Palermo Protocol, which defines a child as a person under the age of 18 years, its Code of Childhood and Adolescence distinguishes between these two terms, with a child “defined as any human being up to thirteen years of age” and an adolescent “as a person over thirteen and under eighteen years of age.”
Uruguay’s laws use terms that are defined in ways similar to common definitions for terms including “child sexual exploitation,” “child sexual abuse,” “sexually explicit conduct,” and “child pornography.” Computer-generated CSAM is likely prohibited, but not explicitly addressed with that term, by Article 3 of Law Nº 17.81Legal remedies for child victims Conduct associated with “online enticement” is referred to as “grooming” and is prohibited. “Sextortion” is not defined, but “extortion” is prohibited by the Criminal Code.
There is no clear legal age of consent for sexual activity, but “violence” is presumed and prohibited (with certain exceptions) when a person subjected to an act of a sexual nature is under 15 years of age, or the person is a “descendant” or under 18 years of age and under the care or authority of the offender.
Regulatory requirements/recommendations
Online platforms are not subject to any legal or regulatory requirements to screen or moderate content for purposes of detecting, identifying, reporting, or removing material related to child sexual exploitation. However, the Personal Data Protection Law provides for the creation of industry codes of conduct, but no such codes are known to exist.
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 a child to use their services.
Legal remedies for child victims
There is no specific legal remedy available to victims to stop the publication of CSAM depicting them, nor is there an obligation for an online platform to remove content from their servers. However, the Personal Data Protection Law allows for civil action against online platforms that do not delete personal information after having been requested to do so.
Court-ordered, government-funded medical and psychological assistance is available to child victims. Protective orders or injunctions are theoretically possible. Victims may seek financial damages during criminal proceedings, but only in exchange for dismissal of the case and only when “there is no public interest in the prosecution and when the seriousness of the guilt does not oppose it.” Victims may file civil suit against offenders for moral damages.
Child victims have the right to notification and to be heard in certain criminal proceedings.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” in they systems.