Legal definitions
Although not a Member State, the Republic of Kosovo’s legal framework is in alignment with European Union requirements for combating sexual abuse and exploitation of children. “Child” is defined as a person under the age of 18 years old, while “minor” is defined as a person between ages 14 – 18 years old. The Criminal Code of Kosovo defines terms such as “exploitation,” “child pornography,” and “child sexual abuse” in ways similar to common definitions. “Child sexual abuse material” (CSAM) is not expressly defined in Kosovo’s legal framework; however, the Criminal Code refers to “materials containing sexual exploitation and abuse of children.” Kosovo law explicitly criminalizes any visual depiction or representation, whether computer generated or otherwise, of a child’s genitals or pubic area for sexual purposes or a child engaged in sexually explicit conduct.
“Grooming” refers to the intention of child sexual abuse, motivated by the desire to use the child for sexual pleasure. The legal age of consent is 16 years, but a voluntary agreement to engage in sexual activity between persons who have reached 14 years old and where the difference in age between persons does not exceed two years is permitted. “Sextortion” is not specifically defined, however related conduct is criminalized.
Regulatory requirements/recommendations
There is no legal or regulatory requirement in Kosovo that imposes direct obligations on online platforms to detect, moderate, or remove content related to child sexual exploitation. An Administrative Instruction requires public authorities to implement protective measures including identifying, blocking, and filtering websites with pornographic or harmful content. There is no requirement for online platforms to remove or take down CSAM. There is no legal requirement for online platforms to remove child pornography, grooming, sextortion, or related content when they are notified of its existence.
Age verification requirements/recommendations
Kosovo law does not set out technical methods for verifying a user’s age; however, the Law on Personal Data Protection provides that platforms providing “information society services” must verify whether the user is under 16 years old. If the user is under 16, there must be consent by a legal guardian. The Law on Child Protection instructs public authorities and Internet Service Providers to block children’s access to pornographic or harmful websites.
Parental consent requirements/recommendations
Kosovo law requires parental consent for children to use certain online services, but this only applies when the platform is processing a child’s personal data.
Legal remedies for child victims
Kosovo law does not explicitly grant victims a legal right to request or compel removal of CSAM. Rather, law enforcement, upon detection or report, can order the removal or blocking of such content. There is no statutory obligation to proactively remove CSAM. Victims may seek financial compensation through criminal or civil proceedings. Additionally, the Crime Victim Compensation law allows child victims of serious crimes, including exploitation and pornography-related offenses, to receive fixed state-funded compensation for mental suffering. The Law on Social and Family Services guarantees child victims’ access to psychological support, legal aid, shelter, and rehabilitation services.
Kosovo law does not explicitly require notification to victims when an offender is arrested for distributing child pornography or CSAM. However, victims do have a right to be informed about important developments in their case.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.