Legal definitions
Slovenian Family Code establishes that a “child” is a person who has not yet reached the age of 18. There is no definition of “child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” “child pornography,” or “child sexual abuse material” (CSAM) however, relevant behaviors are criminalized. While there is no clear definition of “computer-generated images,” such content is addressed and prohibited in the Slovenian Criminal Code. Similarly, while there is no specific definition of “enticement” or “grooming,” related conduct is criminalized.
The legal age of consent for sexual activity in Slovenia is 15 years. Sextortion is addressed through a combination of provisions within the Criminal Code, depending on the means used and nature of the material involved.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, or report online child sexual exploitation content. Certain platforms and content types are subject to legal responsibilities, particularly when CSAM is reported or the online platform qualifies as a video-sharing platform. For example, video-sharing platforms must adopt measures to protect children from harmful content. Upon identification of such content, online platforms are required to remove or disable access to the content.
Age verification requirements/recommendations
Certain types of online platforms are subject to legal obligations. The Audiovisual Media Act establishes measures to protect children from harmful content, including the establishment and operation of an age verification system, along with a parental control system. Additionally, the Criminal Code prohibits selling, displaying, or otherwise making accessible pornographic material to persons under the age of 15.
Parental consent requirements/recommendations
Online platforms are legally required to obtain verifiable parental consent before a child under the age of 15 uses their services if the service involves the processing of the child’s personal data.
Legal remedies for child victims
Victimized children have access to criminal, civil, and administrative remedies. Children can be involved in criminal proceedings through their legal representatives and their participation is subject to child-sensitive procedures, such as being interviewed by trained professionals in appropriate environments. Slovenian law provides remedies that allow victims or their legal guardians to request removal and cessation of publication of CSAM. A victim also may seek an injunction or other court order against an online platform to stop publication or distribution, and they can obtain a court order prohibiting the person who posted the content from doing so in the future. The victim may seek financial damages or monetary recovery from an offender, and they are entitled to support services coordinated by Centres for Social Work. When an offender is arrested, there is no guarantee that the victim will be notified. However, if they are granted the status of a victim, they have a right to be informed of the status of the proceedings.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.