BelgiumMediadecreet (Flemish Decree of 27 March 2009 on radio broadcasting and television), Article 176/4, measures by video-sharing platform providers
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Vlaamse Regulator voor de Media (Flemish Regulator for the Media)
As of .
What it requires
- Applies to the provider of a video-sharing platform under the jurisdiction of the Flemish Community.
- Take appropriate measures to protect minors from programmes, user-generated content and commercial communication that could impair their physical, mental or moral development.
- Set up and use systems to verify the age of the platform's users for programmes, user-generated content and commercial communication that could impair the physical, mental or moral development of minors.
- Offer programmes, user-generated content and commercial communication showing pornographic images or images of gratuitous violence encrypted or under effective parental control.
- Provide parental control systems managed by the end user for that content.
- Do not process for commercial purposes the personal data of minors collected for the age verification and parental control systems.
If you get it wrong
Penalty structure
Administrative fine under Article 228, point 4, which the general chamber of the Flemish Regulator for the Media may impose on any person to whom the decree applies who infringes it.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 125,000
What it reaches
Covered services
Video-sharing platforms whose provider falls under the jurisdiction of the Flemish Community
Obligation class
Age verification, Access restriction
What this law does
A video-sharing platform provider under the jurisdiction of the Flemish Community must take appropriate measures to protect minors from programmes, user-generated content and commercial communication that could impair their development. Those measures include setting up and using systems to verify the age of the platform's users for that content.
Programmes, user-generated content and commercial communication showing pornographic images or images of gratuitous violence must be offered encrypted or placed under effective parental control. A provider falls under the jurisdiction of the Flemish Community when it is established in the Dutch language region, or in the bilingual Brussels-Capital region where its activities belong exclusively to the Flemish Community.
An infringement of the decree can bring an administrative fine of up to 125,000 euros. The Flemish Regulator for the Media supervises whether providers take these measures and apply them.
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.