ComorosPenal Code, cybercafé and internet-access-provider minor-access restrictions
Code pénal Loi n° 20-038/AU du 29 décembre 2020, promulguée par Décret n° 21-018/PR du 16 février 2021, Chapitre 4 (De la cybercriminalité), Section 5, arts. 479-482
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Ministère Public (public prosecutor), Union of the Comoros
- Age threshold
- 18
- Covered services
- Cybercafés and internet-access providers operating in the Union of the Comoros
- How the hook was established
- express
- What makes it apply
- Place of effect
- Obligation class
- Age verification, Access restriction
- Verification methods
- Parental consent
- Audit expectation
- none
What it requires
- Cybercafé operators: identify a user before giving internet access, under the conditions a decree sets.
- Cybercafés and internet-access providers: do not let a minor under 18 access a cybercafé unless accompanied by an adult authorised by the minor's parents or guardian.
- Cybercafés and internet-access providers: limit a minor's internet access in a cybercafé so that it excludes pornographic, violent, racist or degrading websites and, generally, any website offending human dignity or inciting lawlessness.
- Anyone offering online communication-service access: inform subscribers that technical means exist to restrict or select the services they reach, and offer at least one such means.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 481 punishes an internet-access provider's non-compliance with article 480's minor-access obligations with six to twelve months' imprisonment; article 482 punishes non-compliance with the subscriber-information and filtering-tools obligation with a fine of 1,000,000 to 10,000,000 Comorian francs.
Penalty structure
The monetary figure is article 482's fine for the information-and-filtering-tools obligation; article 481's separate penalty for the cybercafé/access-restriction obligation is imprisonment only (six to twelve months), with no fine.
- Rule
- Fixed only
- As of
- Minimum
- 1,000,000
- Currency
- KMF
- Fixed cap
- 10,000,000
What it makes you log
Logging duty
Articles 479 and 480 require a cybercafé to identify users before access under a decree's terms, bar an unaccompanied minor, limit a minor's access to filtered sites and require subscribers to be told of filtering means; none names a record of the identification or of any age check, a retention period or regulator access to a record. The decree Article 479 refers to was not found, and whatever record it requires is not read here.
- Kind
- None
- As of
What this law does
Article 479 conditions access to internet service from a cybercafé on prior identification of the user, which the cybercafé operator must carry out under conditions a decree sets.
Article 480 bars a minor under eighteen from accessing a cybercafé unless accompanied by an adult authorized by the minor's parents or guardian, and limits a minor's internet access there to exclude pornographic, violent, racist, or degrading websites and, generally, any website offending human dignity or inciting lawlessness.
The same article requires every person offering online communication-service access to inform subscribers of the existence of technical means to restrict or select the services they reach, and to offer at least one such means.
Article 481 punishes an internet-access provider that does not comply with article 480's obligations with six to twelve months' imprisonment, and article 482 punishes anyone who does not comply with the information-and-filtering-tools obligation with a fine of 1,000,000 to 10,000,000 Comorian francs.
When LexLint raises it
When your app profile says your app publishes adult content.
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