Legal definitions
“Child” is defined, for the purpose of child sexual exploitation, as someone who is 17 years of age or younger. There is no single definition of “child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” or “sextortion,” however Jersey Criminal Law criminalizes related acts. “Sexual grooming of a child” is defined by the Sexual Offences Law. It is illegal to have penetrative sex with a person under age 16, and for an adult in a “position of trust” to engage in a sexual act with a child who is 16 or 17 years of age.
Jersey law does not explicitly define “child pornography” or “child sexual abuse material” (CSAM), but the Protection of Children Law 1994 and the Sexual Offences Law use related terminology. Making, possessing, distributing, or showing such material is prohibited. Computer-generated CSAM is likely prohibited as “indecent pseudo-photograph[s]” or “prohibited image[s].”
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, or report online child sexual exploitation content. However, upon notice of the existence of such content, online platforms are required by the Protection of Children Law to remove CSAM or content that puts children at risk of grooming. Failure to do so may result in criminal liability.
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, under the Data Protection (Jersey) Law 2018, a child under 13 cannot give consent to the processing of their personal data, thus requiring consent from a person with parental responsibility. Online platforms are subject to sanctions for non-compliance.
Legal remedies for child victims
Article 11 of the Sex Offender (Jersey) Law 2010 allows the Attorney General to apply to the Royal Court for a “child protection order” regarding a person aged 15 or older who has committed a relevant act and the order is necessary to protect a child. A victim is entitled to access information about how a case is progressing, and a court may also require a defendant to pay compensation to a victim for personal injury, loss, or damages resulting from the offense. The Government of Jersey provides and funds various services to support children and adults who have suffered from sexual abuse.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.