PolandGovernment Bill on the Protection of Minors from Access to Pornographic Content on the Internet
In committee, dated , as of .
An adult content age verification (AV) rule binding private bodies.
As of .
Where it has got to
The text described here is Druk nr 2697, government bill as submitted to the Sejm. That print is 2697, published .
Locally, this stage is I czytanie w komisjach (first reading in committees).
The stage above is recorded at api.sejm.gov.pl.
The Sejm's record shows the bill received on , referred to two committees for first reading on , and read in committees on . The record lists no later stage.
What it requires
- A service provider that enables access to pornographic content must use an age-verification mechanism and prevent minors from accessing that content; the mechanism may not rely on a self-declaration of age.
- You may meet the age-verification duty with an electronic attestation of an attribute confirming age, made available within the European Digital Identity Wallet, which the bill names as an age-verification mechanism in particular.
- An internet access provider must, free of charge, prevent access to websites using domain names entered in the register kept by the President of the Office of Electronic Communications no later than 48 hours after the entry, redirect connections to the notice page run by that President, and restore access to a domain name no later than 48 hours after it is removed from the register.
If you get it wrong
Penalty structure
Article 24(4): an administrative fine of 10,000 to 1,000,000 zlotys on a service provider that fails the age-verification duty.
- Rule
- Fixed only
- As of
- Minimum
- 10,000
- Currency
- PLN
- Fixed cap
- 1,000,000
Who enforces it
Enforcement body
The President of the Office of Electronic Communications (Prezes UKE), with the Chair of the National Broadcasting Council (KRRiT) giving binding opinions for audiovisual media services on demand and video-sharing platforms, and NASK-PIB giving opinions for other providers.
What it reaches
Age threshold
18
Covered services
Service providers that provide services by electronic means to recipients in Poland and enable access to pornographic content, including audiovisual media services on demand and video-sharing platforms, and internet access providers in respect of domain names entered in the register.
Obligation class
Age verification
Verification methods
Digital ID
What this law does
The government bill would require a service provider that enables access to pornographic content to apply an age-verification mechanism and to prevent minors from accessing that content. An age-verification mechanism could not rely on a self-declaration of age. The bill names, as an age-verification mechanism in particular, the use of an electronic attestation of an attribute confirming age, made available within the European Digital Identity Wallet.
The bill defines a minor as a natural person who has not completed eighteen years of age. The President of the Office of Electronic Communications would keep a register of domain names, in an IT system that passes the entries on automatically to internet access providers. An internet access provider would have to prevent access, free of charge, to websites using a domain name entered in the register, no later than 48 hours after the entry.
The fine on a service provider that fails the age-verification duty would range from 10,000 to 1,000,000 zlotys. The President would also impose a fine on an internet access provider that fails its duties under Article 15 of the bill. The fine on an internet access provider would not exceed 250,000 zlotys. The bill would enter into force 12 months after its promulgation. The Prime Minister presented the bill to the Sejm under Article 118(1) of the Constitution. The Sejm's record of the bill shows first reading in committees on .
When LexLint raises it
When your app profile says your app publishes adult content.