New measures to prevent minors from accessing pornography and violence
On January 9, the National Commission on Markets and Competition (“CNMC”) released its bonding To the State Pact Proposal to protect minors on the Internet and social networks.
This pact revolves around three main pillars:
1. “Recognize the problem: the problematic use of the Internet, social networks and pornography by children and adolescents”.
2. “To educate in responsible digital citizenship and in affective sexual education”.
3. “Responsibility of all the actors involved, including the industry”.
Among the measures included in the pact, the establishment of age verification mechanisms through non-invasive systems, in line with the obligation set out in article 89 of the Law 13/2022, of July 7, General Audiovisual Communication (“LGCA”). According to this standard, providers of video sharing services through platforms are required to”establish and operate age verification systems for users with respect to content that may harm the physical, mental or moral development of minors that, in any case, prevent their access to more harmful audiovisual content, such as free violence or pornography”.
The CNMC is the entity responsible for supervising and controlling compliance with the above obligations. For this reason, one day after its adherence to the above-mentioned pact proposal, the CNMC launched a public consultation on the age verification systems used by video platforms in Spain to prevent minors from accessing pornography and violence.
Between the questions raised by the CNMC are several issues related to available technological solutions for age verification. The CNMC has repeatedly stated that The mere declaration of being of legal age without any subsequent verification does not have an adequate level of security to prevent minors from accessing harmful content. However, the CNMC is aware that the technological solutions currently available that would allow these checks to be carried out (which are based, broadly speaking, on the user's identity document, digital certificate or bank card) have deficiencies and that, in any case, it is necessary weigh their reliability, their cost and the right to data protection. For this reason, the CNMC asks interested parties for their opinion and asks them specifically about other possible age verification mechanisms.
The public consultation will be Open for the submission of comments Until the next January 31.