Legal definitions
Polish Civil Code and the Act on the Ombudsman for Children define a “child” and “minor” as an individual under the age of 18. Polish criminal law provides that a “juvenile” is someone who has not reached the age of 17. The age of consent for sexual activity is 15 years old. Child sexual abuse involves engaging with persons under 15 years old in activity that they are unable to fully understand, accept, or consent to. Persons aged 15 to 17 years old may lawfully engage in sexual activity, but are protected from exploitation, specifically in the contexts of pornography, commercial sex or abuse of power or trust.
There is no precise legal definition of sexually explicit conduct, child sexual abuse, or sextortion in Polish law. However, Polish law defines “grooming” and prohibits possession and distribution of child sexual abuse material (CSAM), including computer-generated content.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, remove, or report online child sexual exploitation 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
There are no direct provisions under Polish law that provide victims the ability to stop publication of CSAM imagery. However, the child’s legal guardians may initiate proceedings to protect their personal rights (such as dignity, privacy, and image and mental integrity). If an online platform is informed of the presence of illegal content, including CSAM, and fails to act within a reasonable time, they may be civilly liable or criminally liable. A civil court may also issue an injunction to temporarily ban the publication of material which violates children’s rights.
The Polish Criminal Code allows for the imposition of restrictions upon a defendant who has posted CSAM imagery, banning them from contacting or approaching specific individuals. The Code does not specifically mention a ban on publishing content.
Under civil law, a child who is the victim of a sexual offense may claim financial compensation for harm resulting from bodily injury or impairment of health, including mental health. Under criminal law, a court may order compensation for damage or redress for harm suffered in a conviction. Victims may also access publicly funded support through the Justice Fund. The Justice Fund may be used for psychological support, legal assistance, material assistance, education assistance, and help with finding shelter.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.