Legal definitions
Child and minor are both considered to be individuals under the age of 18. “Child exploitation,” “sexually explicit conduct,” “child sexual abuse,” “child pornography,” “child sexual abuse material” (CSAM), “sextortion,” and “grooming” are not expressly defined, however such conduct is criminalized. Icelandic law does not expressly define computer-generated images of CSAM, but such material is criminalized under the Penal Code.
The Icelandic Penal Code criminalizes sexual relations with a child under age 15 and provides other prohibitions for sexual activities with children aged 15 to 17 when there are aggravating circumstances.
Regulatory requirements/recommendations
Generally, Icelandic law holds that service providers hosting third-party content are not liable for and do not have to actively monitor hosted content, with some exemptions found in the Icelandic Act on Electronic Commerce. One such exemption is an obligation to remove child pornography upon notice of its existence. Video-sharing platforms are required to take measures to protect children from certain content. There is no differentiation as to obligations based on the number of users or type of services.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services. However, the Icelandic Data Protection Act requires data controllers to make reasonable efforts to verify that consent has been provided by a person holding parental responsibility. This provision only applies when a child under the age of 13 is offered information society services.
Parental consent requirements/recommendations
The Icelandic Media Act imposes obligations on video-streaming platforms to implement parental control measures. When an information society service is offered directly to a child and the legal basis for processing personal data is consent, such consent is valid only if the child is at least 13. The online platform’s data controlle r must make reasonable efforts to verify that the consent is genuine and authorized by the parent or guardian.
Legal remedies for child victims
Under Icelandic law, an injunction can halt the ongoing or imminent publication of CSAM by an online platform or person. There is also an exemption under the Icelandic Act on Icelandic Commerce that creates liability when a service provider has knowledge of an injunction on the hosting of information. However, the courts do not have the power to issue an injunction against future offences. Victims may be compensated for damages caused by an offender. If an offender cannot pay damages or is unknown, victims may be entitled to compensation from the Treasury of Iceland. Under Icelandic law, there is no legal obligation to notify the victim when an offender is arrested.
"Safety by Design" requirements
The Icelandic Media Act imposes obligations on video-sharing platforms to adopt measures protecting children from harmful content, which constitutes a form of “Safety by Design.” Compliance with the Act is supervised by the Media Commission, which is also responsible for daily administration of the act. The Commission may impose fines on media service providers and video-sharing platforms for violations.