Legal definitions
Depending on the legal context, “child” is defined as any person under the age of 18, “minor” is a child under the age of 14, and “underage” is a child between ages 14 and 18. There is no single definition of “child sexual exploitation,” “sexually explicit conduct,” “grooming,” “sextortion,” or “child sexual abuse” however, related conduct is criminalized. Ukrainian law defines “child pornography” but does not use the term “child sexual abuse material.” Computer-generated child pornography or CSAM is not defined but such imagery is likely included in prohibitions of materials that encourage sexual exploitation and violence against children. The legal age of consent to engage in sexual activity is 16 years old, derived from the prohibition of certain sexual conduct between an adult and a person under 16 years old.
Regulatory requirements/recommendations
While the distribution of CSAM is prohibited, online platforms are not required to review, screen, moderate, detect, remove, or report online child sexual exploitation content. Removal may be required only under a court order. Any such moderation activities may be undertaken on a voluntary basis.
Age verification requirements/recommendations
Ukrainian law requires providers of video sharing platforms to verify users’ ages before granting access to content that may be harmful to the physical, mental, or moral development of children. These providers are also required to ensure the availability of parental control systems to protect children from such content.
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
A victim may file a lawsuit requesting certain actions be taken to prohibit the publication of illegal content through a mechanism for protecting rights. There is also a possibility of receiving monetary compensation from the offender when a victim suffers either material or moral damages.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.