HungaryEkertv. Section 4/A, Minor-Endangering Content Warning and Filter-Software Identifier Duty
2001. évi CVIII. törvény (Ekertv.), 4/A. §, as inserted by 2013. évi CCXLV. törvény 29. §
In force since .
An age-appropriate design code rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting
- Audit expectation
- none
What it requires
- Applies to service providers publishing information that could seriously harm a minor's intellectual, spiritual, moral or physical development, in particular where violence or the direct, naturalistic depiction of sexuality is a defining element; media content covered by the Press Freedom Act is excluded.
- Publish such content only together with a warning notice about the possible endangerment of minors, displayed before the content.
- Add identifiers in the page's source code that indicate the content's category and that filter software (as defined in the Electronic Communications Act) can recognise.
These lines are LexLint's reading of the law's text. Also read by: Gyermekvédelmi Internet-kerekasztal (Children's Protection Internet Round Table), the body Section 4/A(2) charges with following the application of Section 4/A (guidance, recorded ).
Who enforces it
Settledness
- As of
- Guidance link
- https://nmhh.hu/dokumentum/162986/szuroszoftver_ajanlas.pdf
- Guidance body
- Gyermekvédelmi Internet-kerekasztal (Children's Protection Internet Round Table), the body Section 4/A(2) charges with following the application of Section 4/A
- Open questions
- Does Section 4/A of the Ekertv. require a provider to check the user's age before showing content that could seriously harm minors, or only the warning notice and the category identifiers the section names, when the Round Table's recommendation also suggests asking the user's age?
What it makes you log
Logging duty
Section 4/A(1) requires a service provider to publish information that could seriously harm minors only behind a warning page and with source-code identifiers that filter software can recognize. It requires no log, no record of who saw the warning and no record of the identifiers to be kept or produced. Under Section 4/A(2) and (3) the Children's Internet Round Table follows how the rule is applied and receives complaints, which is not an examination of a record kept by the provider.
- Kind
- None
- As of
What this law does
Section 4/A(1) provides that information published by a service provider, other than media content covered by the Press Freedom Act, that could seriously harm a minor's intellectual, spiritual, moral, or physical development, in particular by having violence or the direct, naturalistic depiction of sexuality as a defining element, may be published only together with a warning notice about the possible endangerment of minors, displayed before the content, and identifiers in the page's source code that indicate the content's category and are recognizable by filter software as defined in the Electronic Communications Act.
A Child Protection Internet Roundtable monitors how that provision is applied, and anyone may report a presumed breach to it. The Electronic Communications Act separately requires an internet-access provider to compile and publish information about the availability of easily installable minor-protection software and to notify subscribers of it quarterly.
When LexLint raises it
When your app profile says your app serves under-18s.
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