Legal definitions
Minor and child are defined as a person who has not yet reached the age of 18. Romanian civil code defines “sexual exploitation,” “child sexual abuse,” and “child pornography”. There is no single definition of “sexually explicit conduct,” “enticement,” “grooming,” “sextortion” or “child sexual abuse material” (CSAM) but various provisions mention and prohibit related conduct. Romanian law does not define computer-generated CSAM. Various legal provisions imply the functional age of consent for sexual activity is 16 years old, although that is not explicitly established in law. Certain offenses are subject to a close-in-age exception when the age difference between the child and the offender is less than five years.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, or detect online child sexual exploitation content. However, they are obligated to take measures to protect minors from content that may impair their physical, mental or moral development. The European Union (EU) requires risk assessments and proactive risk reduction related to minors online.
Online platforms have a legal obligation to report to competent authorities illegal content that comes to their attention. Video-sharing platforms must establish easy-to-use mechanisms that enable users to report or flag illegal content. There is an express obligation for online platforms to remove CSAM when orders for removal are issued by authorities or courts.
Age verification requirements/recommendations
Online video-sharing platforms (not all categories of online platforms) are required to establish and use systems that allow for the verification of the age of users of video-sharing platforms with regard to content that may adversely affect the physical, mental or moral development of minors. However, the law does not specify what these systems should be, leaving it up to the platforms to decide.
Parental consent requirements/recommendations
Online platforms are required to obtain parental consent prior to the use by a minor in cases where they process the personal data of minors under the age of 16 on the basis of their consent. In Romanian domestic law, there is a legal obligation for online video-sharing platforms to provide parental control systems under the control of end users for content that may affect the physical, mental or moral development of minors.
Legal remedies for child victims
Websites containing CSAM are prohibited, and if such a website is reported, the internet service provider is required to block access to the website within 48 hours. Failure to comply can be punished. A court may issue an order requiring the online platform(s) to remove or block access to CSAM through an injunction and a victim may obtain a protection order. A claim may be brought for financial compensation from the entity that posted the CSAM. There is no obligation to notify a victim when an offender is arrested.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.