LatviaElektronisko plašsaziņas līdzekļu likums, Articles 23(4) and 24(9)-(10.1), Restricted Access Control for Content Harmful to Minors
In force since .
An adult content age verification (AV) 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 electronic mass media and to on-demand catalogues offering content that could harm a minor's physical, mental or moral development.
- Do not distribute audio or audiovisual works depicting physical or psychological violence, bloody or horror scenes, drug use or sexual acts, or containing coarse or indecent language, between 7:00 and 22:00.no control in the NIST Privacy Framework
- If an electronic mass medium does not observe that watershed for content that could harm a minor's physical, mental or moral development, provide restricted access control, preceded by an acoustic warning signal and marked with a visual symbol describing the content's potentially harmful nature.no control in the NIST Privacy Framework
- An on-demand catalogue offering such content must provide the same restricted access control.no control in the NIST Privacy Framework
- Do not use commercially a minor's personal data obtained through that access control, except where necessary to provide the service itself with the data subject's consent.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text.
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
Who enforces it
Settledness
- As of
- Open questions
- Does 'ierobežotas piekļuves kontrole' (restricted access control) under Article 23(4) of the Elektronisko plašsaziņas līdzekļu likums require a system that verifies a user's age, when Article 1(9) defines it only as a device, software or other solution that lets an authorized user alone receive the service and paragraph 4 asks only that the content not normally be perceivable?
What it makes you log
Logging duty
Article 24(10) requires an electronic mass medium that distributes content harmful to minors outside the 7:00 to 22:00 band to provide restricted access control, and Article 23(4) requires the same for on-demand catalogues. Neither requires a log or a record of the access control to be kept or produced, and Article 24(10.1) bars commercial use of minors' data obtained through it without setting a retention rule. Article 29, outside the cited provisions, separately requires a medium to record its programmes and keep the recording for at least three calendar months.
- Kind
- None
- As of
What this law does
Article 24(9) bans distributing audio and audiovisual works depicting physical or psychological violence, bloody or horror scenes, drug use or sexual acts, or containing coarse or indecent language, between 7:00 and 22:00.
Article 24(10) requires an electronic mass medium not observing that watershed for content that could harm a minor's physical, mental, or moral development to instead provide restricted access control, preceded by an acoustic warning signal and marked with a visual symbol describing the content's potentially harmful nature. Article 23(4) imposes the equivalent restricted-access-control duty on an on-demand catalogue offering such content.
Article 24(10.1) bars commercial use of a minor's personal data obtained through that access control, except where necessary to provide the service itself with the data subject's consent.
When LexLint raises it
When your app profile says your app publishes adult content.
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