Czech RepublicAct No. 242/2022 Coll., Protection Measures Including Age Verification for Video-Sharing Platform Services
Zakon c. 242/2022 Sb., o sluzbach platforem pro sdileni videonahravek, Sec. 7, Sec. 8 and Sec. 11
In force since .
An adult content age verification (AV) rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to providers of video-sharing platform services established or deemed established in the Czech Republic (an information-society service whose main purpose, or an essential function, is to make programmes or user-generated videos available to the public without the provider bearing editorial responsibility).
- Adopt measures protecting minors from programmes, user-uploaded videos and commercial communications capable of harming their physical, psychological or moral development, and do not make such content available so that a minor could ordinarily see or hear it.
- Where appropriate, introduce and operate an age-verification system for platform users confronting such content, together with easily usable content-rating tools, parental-control systems and a transparent notice-and-complaint procedure.
- Apply the strictest access-control measures to the most harmful content, such as pornography or gross gratuitous violence.
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 ).
If you get it wrong
Criminal exposureNo
Penalty structure
Section 11(3) and (4)(c) sets a fine of up to CZK 500,000 for a video-sharing-platform provider's failure to introduce the protection measures required by Section 8(1) to (3), which include, where appropriate, the age-verification system of Section 8(3)(f).
- Rule
- Fixed only
- As of
- Currency
- CZK
- Fixed cap
- 500,000
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 a video-sharing platform provider under Section 8(3)(f) of Act No. 242/2022, 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 video-sharing platform services established or deemed established in the Czech Republic, defined as an information-society service whose main purpose, or an essential function of which, is to make available to the public, over electronic communications networks, programmes or user-generated videos for which the platform provider bears no editorial responsibility.
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
Sections 7 and 8 require protective measures including age-verification and complaint systems, and a report to the Council of changes to those measures; they state no duty to create or keep a log or record.
- Kind
- None
- As of
What this law does
A provider of a video-sharing platform service must adopt measures protecting minors from programmes, user-uploaded videos and commercial communications capable of harming their physical, psychological or moral development, and content of that kind may not be made available so that a minor could ordinarily see or hear it; the measures include, where appropriate, the introduction and operation of an age-verification system for platform users confronting such content, together with easily usable content-rating tools, parental-control systems, and a transparent notice-and-complaint procedure.
The most harmful content, such as pornography or gross gratuitous violence, must be subject to the strictest access-control measures. A provider that fails to introduce these protection measures commits an administrative offence the Council for Radio and Television Broadcasting may fine up to CZK 500,000.
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.
Back to the example · Lint your app
Page updated .