Legal definitions
In Serbia, “child” refers to every human being below the age of 18 years old. The terms “child sexual exploitation,” “sexually explicit conduct,” “sextortion” and “grooming” are not defined in Serbian law, but related conduct is addressed through several key legal provisions. Serbian law defines and criminalizes “child sexual abuse” and “child pornography” (child sexual abuse material or CSAM). There is no explicit definition of computer-generated images or videos of CSAM, but the Serbian Criminal Code contains provisions that cover these offenses. The legal age of consent for sexual activity is 14 years old.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, or detect online child sexual exploitation content. However, an online platform may be liable for making CSAM available if, once aware of its existence, the platform fails to remove or disable access to it and report it to a competent state authority. Online platforms are not required to engage human moderators or specific technology to review, screen, or moderate content.
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.
Legal remedies for child victims
CSAM is a form of personal data subject to Serbia’s Data Protection Law which permits a depicted victim to request deletion of said data. Injunctions are available as a general legal remedy to compel the removal of any unlawful content and may be requested by the person whose rights are violated (or the victim’s representative). Additionally, there are mechanisms in both civil and criminal law that allow individuals to recover financial damages from perpetrators. Children and their legal representatives can exercise the right to various forms of support and protection provided by social welfare centers, non-governmental organizations, and government institutions. There is no automatic notification to a victim when an offender is arrested.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.