North MacedoniaLaw on Audio and Audiovisual Media Services, Protection of Minors on On-Demand Audiovisual Media Services (Article 50 as rewritten in 2023)
In force since .
An adult content age verification (AV) rule binding private bodies.
What it requires
- Applies to providers of on-demand audiovisual media services under the jurisdiction of North Macedonia (Articles 46 and 50(1)), and, for Article 50(3), to audiovisual media service providers generally.
- Take the strictest technical measures to ensure that minors are protected from the most harmful content, such as excessive violence and pornography (Article 50(1)).
- Make other programs that could harm a minor's physical, mental or moral development available in a way that minors cannot ordinarily see or hear them (Article 50(3)).
- Apply the technical measures and procedures the Agency for Audio and Audiovisual Media Services prescribes for these cases (Article 50(6)).
- Do not process the personal data of minors collected, generated or obtained in applying these measures for commercial purposes such as direct marketing, profiling and analysis, or behavioral advertising (Article 50-a).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Penalty structure
Article 147(1), item 11: a fine of 1,000 to 5,000 euros in denar equivalent on a legal person that does not respect the rules on protecting the minor audience in Article 50. Article 147(2) adds a fine of 500 euros on the person responsible for the program in the legal person, and Article 147(4) a fine of 250 euros on a sole trader. Under Article 150 the court may also ban the legal person from the activity for six months to two years.
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- EUR
- Fixed cap
- 5,000
Who enforces it
Enforcement body
Agency for Audio and Audiovisual Media Services (Агенција за аудио и аудиовизуелни медиумски услуги); misdemeanor fines are imposed by the competent court
What it reaches
Covered services
Providers of on-demand audiovisual media services under the jurisdiction of North Macedonia, and for Article 50(3) audiovisual media service providers generally
How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Access restriction
What this law does
Article 50(1) of the Law on Audio and Audiovisual Media Services requires a provider of an on-demand audiovisual media service to take the strictest technical measures to ensure that minors are protected from the most harmful content, such as excessive violence and pornography. Article 50(3) requires an audiovisual media service provider to make other programs that could harm a minor's physical, mental or moral development available in a way that minors cannot ordinarily see or hear them.
Under Article 50(6), the Agency for Audio and Audiovisual Media Services prescribes the technical measures and the way a provider must act in those cases. Article 50-a bars a media service provider from processing the personal data of minors collected, generated or obtained in applying the Article 50 measures for commercial purposes such as direct marketing, profiling and analysis, or behavioral advertising.
Article 147(1)(11) makes not respecting the rules on protecting the minor audience in Article 50 a misdemeanor of a legal person. The Law amending and supplementing the Law on Audio and Audiovisual Media Services, adopted on , rewrote Article 50. The 2023 amending Law also inserted Article 50-a into the Law. The 2023 amending Law was published in the Official Gazette of the Republic of North Macedonia No. 154 of .
When LexLint raises it
When your app profile says your app publishes adult content.
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Page updated .