NetherlandsMediawet 2008, Chapter 4, Protection of Minors (Content Classification and Access Restriction)
Mediawet 2008, arts. 4.1, 4.1a (BWBR0025028)
In force since .
An adult content age verification (AV) rule binding public and private bodies.
- Audit expectation
- continuous
- Who audits it
- Registered or designated auditor
What it requires
- Applies to audiovisual media providers, linear and on-demand, under Dutch jurisdiction.
- Offer content capable of harming the physical, mental or moral development of a person under 16 only if the institution responsible for the content is affiliated with the organization the Minister has recognised under Article 4.2 and is bound by that organization's rules and supervision.no control in the NIST Privacy Framework
- Make the most harmful content, expressly including pornography, inaccessible to persons under 16.no control in the NIST Privacy Framework
- Do not commercially process any personal data of minors collected under this scheme.NIST Privacy FrameworkCT.PO-P1
- If you operate a video-sharing platform established in the Netherlands, a parallel code-of-conduct duty applies under Chapter 3a of the same Act.
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
Enforcement body
Commissariaat voor de Media
Settledness
- As of
- Open questions
- Which measure makes content such as gratuitous violence and pornography 'ontoegankelijk' (inaccessible) to persons under sixteen under Article 4.1a(2) of the Mediawet 2008, when the paragraph names no technique and does not say whether an age check is required?
What it reaches
Age threshold
16
Covered services
Audiovisual media offerings (linear broadcast and on-demand) under Dutch jurisdiction; video-sharing platforms carry a parallel code-of-conduct duty under Mediawet 2008 Chapter 3a (arts. 3a.1-3a.5)
How the hook was established
express
What makes it apply
Operator establishment
What it makes you log
Who may demand the log
Regulator
Logging duty
Article 4.1(2) makes an institution show that it is affiliated with the recognized classification organization by handing the Commissariaat a written statement from that organization. The Article does not use the words log or record, but the statement is a document that has to exist and be produced. Article 4.1a requires no log of viewers or of age checks, and paragraph 4 bars commercial processing of minors' data collected under it without setting a retention rule.
- Kind
- Implicit
- As of
- Provision
- Mediawet 2008, Article 4.1(2)
- Trigger
- age_assurance
What this law does
An audiovisual media provider may only offer content capable of harming the physical, mental, or moral development of a person under sixteen if the institution responsible for the content is affiliated with the organization the Minister has recognized under Article 4.2, and is bound by that organization's rules and supervision, per Article 4.1. Article 4.1a requires the most harmful content, expressly including pornography, to be made inaccessible to persons under sixteen.
It separately forbids the commercial processing of any personal data of minors collected under this scheme. The Commissariaat voor de Media enforces Articles 4.1 and 4.1a under Article 7.11. A video-sharing platform provider established in the Netherlands carries a parallel code-of-conduct duty under Mediawet 2008 Chapter 3a.
When LexLint raises it
When your app profile says your app publishes adult content.
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Page updated .