Legal definitions
A “minor” is defined as a person under 18 years of age; “adolescent” is used to describe a minor who is at least 13 years of age. “Child sexual abuse” is clearly defined, and the legal age of consent for sexual activity is 13 years, with varying levels of protection for older minors.
Without necessarily using the same terms, concepts related to “child pornography” (including computer-generated CSAM), “enticement” or “grooming,” “child sexual exploitation,” and “child sexual abuse” are explicitly defined. Sextortion is not explicitly defined apart from the applicability of other provisions (such as those related to enticement or grooming) to related conduct. “Sexually explicit conduct” is not defined, but the term “sexually explicit” is used in various provisions describing prohibited conduct.
Regulatory requirements/recommendations
Online platforms are not required, by law or regulation, to review, screen, moderate, detect, remove, or report online child sexual exploitation content. However, case law precedent has established that some online platforms may be subject to some of these obligations upon becoming aware of certain content on their systems.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services. However, online platforms are required to obtain parental consent before collecting, managing, or using the personal data of children under 13 years of age.
Legal remedies for child victims
Victims may seek court orders to stop the publication or dissemination, or compel the removal, of illegal content. Compensation for damages may be sought through both civil and criminal proceedings. Victims of abuse and exploitation are entitled to comprehensive protection and support services, including medical, psychological, and social assistance. The government is not required to notify a victim 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.