Law on Audiovisual Media Services, Protection of Minors
Law on Audiovisual Media Services, Arts. 59 and 130, Official Gazette of Montenegro No. 54/2024
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
- Obligation class
- Age verification, Content labelling
- Audit expectation
- none
What it requires
- Applies to providers of on-demand audiovisual media services (Article 59) and video-sharing platform providers (Article 130).
- Make content that could impair a minor's physical, health-related, moral, mental, intellectual, emotional or social development available only in the way least likely for minors to ordinarily encounter it, using measures such as content categorisation and age-verification tools.no control in the NIST Privacy Framework
- Make content that could seriously impair that development, including pornography or gratuitous depiction of violence, available only behind the highest level of technical protection, such as a special code or identity verification.no control in the NIST Privacy Framework
- Video-sharing platforms: establish and apply an age-verification system for platform users in relation to content that could endanger a minor's psychological, physical or moral development.no control in the NIST Privacy Framework
- Do not process a minor's personal data collected through these measures for commercial purposes such as direct marketing, profiling or targeted behavioural advertising.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
If you get it wrong
Criminal exposureNo
Penalty structure
For a legal person, per Art. 187(1). A responsible person in a legal entity or a natural person faces 300 to 2,000 euros, and an entrepreneur faces 500 to 5,000 euros, for the same misdemeanor.
- Rule
- Fixed only
- As of
- Minimum
- 500
- Currency
- EUR
- Fixed cap
- 20,000
What it makes you log
Logging duty
Article 59 (on-demand services) and Article 130 (video-sharing platforms) require access-restriction measures such as categorisation, age-verification tools and identity confirmation, and bar processing a minor's data collected through them for commercial purposes (Article 59(4)); none names a record of the checks, a retention period or regulator access to one. Article 23, outside the articles this row cites, separately requires a broadcaster to keep recordings of its programmes for at least 30 days; it is not borrowed here.
- Kind
- None
- As of
What this law does
Article 59 requires a provider of an audiovisual media service on demand to make content that could impair a minor's physical, health-related, moral, mental, intellectual, emotional or social development available only in a way least likely for minors to ordinarily encounter it, using measures that include content categorisation and age-verification tools.
It requires content that could seriously impair that development, including pornography or gratuitous depiction of violence, to be made available only behind the highest level of technical protection, such as a special code or identity verification. Personal data of a minor collected through either measure may not be processed for commercial purposes such as direct marketing, profiling, or targeted behavioural advertising.
Article 130 imposes a parallel duty on a video-sharing platform provider to establish and apply an age-verification system for platform users in relation to content that could endanger a minor's psychological, physical or moral development, among the protective measures the Agency for Audiovisual Media Services oversees. The Law was published on and entered into force on .
Article 187 fines a legal person 500 to 20,000 euros, and sets lower tiers for a responsible person in a legal entity, a natural person, or an entrepreneur, for failing to comply with either duty, as a misdemeanor rather than a criminal offense.
When LexLint raises it
When your app profile says your app publishes adult content.
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