Legal definitions
Honduras has adopted the definition of "child" from the Convention on the Rights of the Child as a person under 18 years old. "Sexual exploitation" and "sexual abuse" (neither specifically limited to children) are both explicitly defined, with certain provisions relevant when the victim is a child. "Sexually explicit conduct" is not defined but is a term used in the definition of "child pornography," which specifically excludes fully synthetic CSAM with a requirement that the "images or voices of the children must be at least partially real…" While not explicitly defined, conduct related to "enticement" or "grooming" and "sextortion" is addressed in Honduran law. The age of consent for sexual activity is 14 years, with some conditions.
Regulatory requirements/recommendations
Online platforms are not explicitly required to review, screen, moderate, or detect CSAM or other content or conduct related to child sexual exploitation. However, they may be subject to liability if, by an act of omission, the online platform facilitates a criminal offense. Therefore, online platforms that do not review, screen, moderate, or detect CSAM or other content or conduct related to child sexual exploitation may be vulnerable to liability. Online platforms are not explicitly required to remove such content, but failure to do so could be viewed as an act of omission that might facilitate additional crimes.
Online platforms are not required to use any specific human or technological methods to address child sexual exploitation. Third-party reporting to, and cooperation with, government authorities of criminal conduct are both legal duties and measures to mitigate against criminal liability.
Age verification requirements/recommendations
Online platforms are not required to implement any methods 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 a child uses their services. However, an online platform cannot engage a child in a commercial relationship (in which the user pays for the online platform's services). Only persons at least 21 years old can consent to enter into a commercial agreement; persons 18 to 20 years old can enter into commercial agreements with express, written parental consent.
Legal remedies for child victims
Victims of online child sexual exploitation may seek civil damages, but only for material losses (not psychological damages, pain and suffering, etc.). There are at least two government agencies that may assist minor victims to assert their rights to seek legal remedies. Both civil and criminal courts have authority or order certain actions to secure evidence or avoid imminent harm.
"Safety by Design" requirements
Online platforms are not required to incorporate "Safety by Design" into their systems.