Zakon o elektroničkim medijima, Minor Protection and Video-Sharing-Platform Age Verification (Arts. 24, 96)
Zakon o elektronickim medijima, Narodne novine 111/2021, cl. 24, 96
In force since .
An age-appropriate design code rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Audit expectation
- none
What it requires
- Applies to providers of audiovisual media services, radio programmes and electronic publications (Article 24) and to video-sharing platform providers under Croatian jurisdiction (Article 96).
- Do not publish content likely to seriously harm a minor's physical, mental or moral development.
- Publish content that could harm that development only if scheduling, age-verification tools or another technical measure ensures that minors within its reach will not ordinarily see or hear it.
- Video-sharing platforms: take appropriate measures to protect minors from user-generated video and audiovisual commercial communications that could harm their physical, mental or moral development.
- For the content causing the greatest harm, those measures include, among others, an age-verification system for platform users, flagging and reporting mechanisms, a way for users to declare whether uploaded videos contain audiovisual commercial communications, and easy-to-use content-rating tools.
These lines are LexLint's reading of the law's text. Also read by: Vijeće za elektroničke medije (Council for Electronic Media of the Agencija za elektroničke medije) (guidance, recorded ).
Who enforces it
Settledness
- As of
- Guidance link
- https://narodne-novine.nn.hr/clanci/sluzbeni/2022_09_106_1564.html
- Guidance body
- Vijeće za elektroničke medije (Council for Electronic Media of the Agencija za elektroničke medije)
- Open questions
- What makes an age-verification system or 'druga tehnička mjera' sufficient under Article 16(2) of the Pravilnik o zaštiti maloljetnika u elektroničkim medijima to ensure that minors will not 'uobičajeno' hear or see category 18 content on a video-sharing platform, when neither the Zakon o elektroničkim medijima nor the Pravilnik names a standard for the system?
What it makes you log
Logging duty
Article 96(7) requires a video-sharing platform to set up and apply an age-verification system, flagging and reporting mechanisms and rating tools, and no clause makes the provider create, keep or produce a log of the checks or of the reports. Article 96(10) has the Council set up mechanisms to assess whether those measures are appropriate, which is a review of the measures and names no record. Article 31 separately requires a television or radio broadcaster to keep recordings of its programme for at least 90 days, a duty that sits outside the age provisions of Articles 24 and 96.
- Kind
- None
- As of
What this law does
Article 24 forbids publishing audiovisual media service, radio programme, or electronic publication content likely to seriously harm a minor's physical, mental or moral development, and forbids publishing content that could harm that development at all unless the provider secures, through scheduling, age-verification tools, or another technical measure, that minors within the transmission's reach will not ordinarily see or hear it.
Article 96 requires a provider of a video-sharing platform under Croatian jurisdiction to take appropriate measures protecting minors from user-generated video and audiovisual commercial communications that could harm their physical, mental or moral development; for content causing the greatest harm, those measures include, among others, establishing and applying an age-verification system for platform users, alongside flagging and reporting mechanisms, functionality for users to declare whether their uploaded videos contain audiovisual commercial communications, and easy-to-use content-rating tools.
When LexLint raises it
When your app profile says your app serves under-18s or operates a social platform.
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