Legal definitions
There is no overarching legal definition of the term “child.” Instead, the term is separately defined within relevant laws, usually referring to a person under the age of 18 consistent with the United Nations Convention on the Rights of the Child, which has been incorporated as Swedish law. “Minor” is defined under the Swedish Children and Parents Code as a person under the age of 18. Swedish law does not define the term “child sexual exploitation” but related conduct is prohibited. The terms “sexually explicit conduct”, “child sexual abuse,” “enticement,” and “grooming” are not explicitly defined, but the relevant acts are criminalized. The Swedish Criminal Code’s definition of “child pornography” includes child sexual abuse material (CSAM) that is computer-generated. “Sextortion” is not legally defined, but related conduct is criminalized. The legal age of consent for sexual activity is 15 years.
Regulatory requirements/recommendations
A provider of an “electronic bulletin board”—which is broadly defined and likely includes most online platforms—is obligated to take active steps to detect, review and screen for CSAM on its platform. Relevant European Union (EU) requirements regarding online platforms, such as the Digital Services Act (DSA) also apply.
Age verification requirements/recommendations
Online platforms are not required under Swedish law to implement any method of age verification before a user can access their services. However, European Union (EU) requirements relevant to age verification apply.
Parental consent requirements/recommendations
Swedish law requires online platforms to implement methods of obtaining parental consent before a child under age 13 uses their services. The EU’s General Data Protection Regulation (GDPR) also applies.
Legal remedies for child victims
Under Swedish law, legal remedies for child victims are primarily addressed by the EU’s DSA. Online platforms are obligated to take active steps to remove CSAM. Swedish law does not authorize courts to issue protective orders that prohibit offenders from posting pornography in the future, but courts can order the forfeiture of CSAM-related property and/or property used as an instrument in the crime. An offender is liable for financial compensation if a child can be considered an injured party. In Sweden, crimes such as distribution of CSAM are regarded as offenses against the public, not the child. There are state-funded crime victim compensation and recovery services that may provide financial compensation to victims of serious violations. The law does not require notification to a victim that an offender has been arrested.
"Safety by Design" requirements
Outside of EU requirements, online platforms are not required to incorporate “Safety by Design” into their systems.