Czech RepublicAct No. 132/2010 Coll., Section 6a, Age Verification for On-Demand Audiovisual Media Services
In force since .
An adult content age verification (AV) rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to providers of audiovisual media services on demand (video-on-demand services) established or deemed established in the Czech Republic.
- Choose suitable measures, including age-verification tools or other technical measures, so that a programme capable of disrupting a minor's physical, psychological or moral development, such as pornography or gross gratuitous violence, cannot ordinarily be seen or heard by a minor.no control in the NIST Privacy Framework
- Give sufficient, freely and easily accessible information about the potentially harmful content a programme carries.no control in the NIST Privacy Framework
- Do not process minors' personal data collected for this purpose for commercial ends such as direct marketing, profiling or behaviourally targeted advertising.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text. Also read by: Rada pro rozhlasové a televizní vysílání (Council for Radio and Television Broadcasting) (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Penalty structure
Section 12(1)(c) and (2) of Act No. 132/2010 Coll. sets a fine of up to CZK 2,000,000 for a provider's failure to meet the Section 6a(1) or (2) duty.
- Rule
- Fixed only
- As of
- Currency
- CZK
- Fixed cap
- 2,000,000
Who enforces it
Enforcement body
Rada pro rozhlasove a televizni vysilani (Council for Radio and Television Broadcasting)
Settledness
- As of
- Guidance link
- https://rrtv.gov.cz/cz/files/pdf/Informace_pro_poskytovatele_AVMSnV_a_sluzeb_platforem_pro_sdileni_videonahravek_v_souvislosti_s_overovanim_veku_uzivatelu_sluzeb.pdf
- Guidance body
- Rada pro rozhlasové a televizní vysílání (Council for Radio and Television Broadcasting)
- Open questions
- Which age-verification method counts as the 'reálné prokázání věku' (real proof of age) that the Council expects of an on-demand provider under Section 6a(1)(a) of Act No. 132/2010, when its notice rules out the qualified disclaimer but leaves each provider to judge which available method is suitable?
What it reaches
Covered services
Providers of audiovisual media services on demand (video-on-demand services) established or deemed established in the Czech Republic.
How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Age verification
Verification methods
Self declaration, Third party service, Device signal
What it makes you log
Logging duty
Section 6a requires measures such as age-verification tools and bars commercial use of minors' data collected for them; it states no duty to create or keep a log or record. A different section of the act (Section 6, paragraph 3) requires recordings of programmes to be kept for 30 days, which is outside this row.
- Kind
- None
- As of
What this law does
A provider of an audiovisual media service on demand must choose suitable measures so that a programme capable of disrupting a minor's physical, psychological or moral development, such as pornography or gross gratuitous violence, cannot ordinarily be seen or heard by a minor; those measures include age-verification tools or other technical measures that prevent a minor from accessing the programme.
The provider must also give sufficient, freely and easily accessible information about the potentially harmful content a programme carries. Personal data of minors collected for this purpose may not be processed for commercial ends such as direct marketing, profiling or behaviourally targeted advertising. A breach of this duty is an administrative offence the Council for Radio and Television Broadcasting may fine up to CZK 2,000,000.
When LexLint raises it
When your app profile says your app publishes adult content.
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