Legal definitions
In the Isle of Man, the definition of the term “child” varies depending on the context and specific legislation in question. The Sexual Offences and Obscene Publications Act defines “child” as a person under the age of 16 but specifies different ages for certain offenses. For offenses concerning “indecent photographs of children” and “prohibited images of children,” “child” means a person under the age of 18. The age of consent to engage in sexual activity is generally 16. Sexual activity with persons under 16 is criminalized, and higher protections apply in situations involving sexual activity with someone in a position of trust or a familial relationship, extending prohibitions to persons under 18.
“Child sexual abuse” is not expressly defined, but accounted for through numerous sexual offense provisions, including rape, sexual assault, offenses against children under 13, child sex offenses, and familial child sex offenses. Isle of Man law expressly defines and criminalizes “child sexual exploitation,” which includes paying for sexual services of a child, and causing, inciting, controlling, arranging, or facilitating the sexual exploitation of a child, including through the creation or transmission of indecent images. This extends to computer-generated images. Enticement and grooming are not separately defined but are criminalized through offenses covering sexual communication with a child, arranging or facilitating child sex offenses, meeting a child after grooming, and abuse of a position of trust.
“Child pornography” and “child sexual abuse material” (CSAM) are not defined or used in the law, but their common meanings are present in the definitions of “indecent photographs of children” and “prohibited images of children.”
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, or report online child sexual exploitation content. However, once an online platform obtains actual knowledge of offending material, it must act expeditiously to remove or disable access to avoid criminal liability for the 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
Under Isle of Man law, where an online platform engages in activity that requires the processing of personal data of a child aged 13 or younger, they are legally required to obtain the parent or guardian’s consent. Online platforms acting as data controllers must also make reasonable efforts to verify that parental consent has been obtained, taking into account available technology.
Legal remedies for child victims
Children do not have a special, direct legal right to force an online platform to stop publishing CSAM. However, courts can issue injunctions ordering the removal of CSAM or preventing further publication. Courts also may order offenders to delete or destroy intimate images or prohibit offenders from posting sexual or indecent material online in the future. Failure to comply with such orders is a criminal offense.
Victims may receive compensation through criminal compensation orders, with limits in lower courts, or pursue civil damages.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.