Legal definitions
“Child” and “minor” are both defined as a person under the age of 18 years. The Sexual Offences Law is the primary legislation for sexual offenses, including those involving children. The law defines terms in alignment with common definitions, such as “child sex offences,” “non-consensual offences against children under 13,” “familial child sex offences,” “sexual exploitation of children,” “trafficking,” and “voyeurism towards a child.” The Law does not define “child pornography” or “child sexual abuse material” (CSAM) however, “indecent image of a child” is defined as an image which shows a child and is indecent (“child” in this context refers to anyone under the age of 16).
There is no specific definition of computer-generated images or videos of child pornography/CSAM, however the term “pseudo-photograph” is defined as an image, whether made by computer graphics or otherwise, which appears to be a photograph, and includes a copy of a pseudo-photograph, and data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph. If the image conveys that the person shown is a child, the image will be treated as an indecent image of a child.
There is no definition of “enticement” or “grooming” in the Sexual Offences Law, but conduct of touching, inciting engagement in a sexual activity, obtaining sexual gratification, humiliating or distressing for the purpose of obtaining sexual gratification, or inciting sexual communication with a child is criminalized. The age of consent is not expressly defined, but various provisions in the Sexual Offences Law delineate the ages applicable to the offense. There is no definition of “sextortion,” but related content is prohibited.
Regulatory requirements/recommendations
Online platforms are not subject to regulatory or mandatory reporting requirements via statute. However, an online platform that allows certain criminal conduct may be subject to criminal liability. If a platform is made aware of and does not report CSAM, enticement, grooming, or sextortion, they may be subject to other criminal provisions (e.g., aiding, abetting). Online platforms are not required to 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. However, the Data Protection Law requires parental consent if the online platform offers services to a child under 13 years old.
Legal remedies for child victims
There is no direct statutory mechanism that allows victims or representatives to prevent publication of CSAM. Additionally, there is no specific provision for injunction or court orders against online platforms to prevent publication of CSAM. However, the Sexual Offences Law enables prosecution and recourse through criminalization of relevant conduct. The Royal Court has broad power and may issue injunctions to prevent further harm to a victim through prohibitory injunctions. Financial recovery is possible through criminal compensation orders or civil claims. There is a multi-agency framework, coordinated by the Islands Safeguarding Children Partnership (ISCP), which provides government-funded and community-based prevention, intervention, and recovery. There is no statutory provision mandating notification of arrest for distribution of CSAM to a victim.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.