SwedenRadio- och tv-lagen 9 a kap., Video-Sharing Platform Protection of Minors
Radio- och tv-lag (2010:696) 9 a kap. 1-3 §§
In force since .
An adult content age verification (AV) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Applies to a video-sharing platform whose provider is established in Sweden under the Audiovisual Media Services Directive's establishment test and which hosts user-generated videos, TV programs or audiovisual commercial communications.
- Take appropriate measures so that user-generated videos, TV programs and audiovisual commercial communications carrying graphic depictions of violence of a realistic nature or pornographic images are not made available in a manner creating a significant risk that children may see them, unless justifiable for particular reasons.no control in the NIST Privacy Framework
- Do not process personal data collected or generated to meet that requirement for commercial purposes.NIST Privacy FrameworkCT.PO-P1
- Take appropriate measures against user-generated videos, TV programs or audiovisual commercial communications amounting to specified criminal offences, such as unlawful threat, agitation against a population group, child pornography, or public incitement to terrorism or particularly serious crime.no control in the NIST Privacy Framework
- You need not use a specific method: the chapter does not itself specify age verification, identity checks or another particular technical method as the required measure.
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
Mediemyndigheten (Swedish Media Authority)
Settledness
- As of
- Open questions
- When is content with realistic violence or pornographic images 'av särskilda skäl ändå försvarligt' (justifiable for special reasons) under 9 a kap. 1 § of the Radio- och tv-lagen, so that a video-sharing platform provider need not take 'lämpliga åtgärder' (appropriate measures) against a significant risk that children see it?
What it reaches
Covered services
A video-sharing platform whose provider is established in Sweden under Article 28a.1-4 of the Audiovisual Media Services Directive, and which hosts user-generated videos, TV programs, or audiovisual commercial communications.
How the hook was established
express
What makes it apply
Operator establishment
What it makes you log
Logging duty
Chapter 9 a, section 1 requires a video-sharing platform provider to take appropriate measures so that videos with realistic depictions of violence or pornographic images are not made available in a way that creates a significant risk children can see them, without naming a method. Section 2 bars commercial processing of personal data collected to meet that requirement but sets no retention rule, and section 3 requires measures against criminal content. None of the three requires a log or a record to be kept or produced. The supervision provisions in the Act's chapter on supervision are outside the sections this entry covers.
- Kind
- None
- As of
What this law does
A provider of a video-sharing platform established in Sweden under the Audiovisual Media Services Directive's establishment test must take appropriate measures so that user-generated videos, TV programs, and audiovisual commercial communications carrying graphic depictions of violence of a realistic nature or pornographic images are not made available in a manner creating a significant risk that children may see them, unless justifiable for particular reasons.
Personal data collected or otherwise generated by a video-sharing platform provider to meet that requirement may not be processed for commercial purposes.
A separate duty in the same chapter requires appropriate measures against user-generated videos, TV programs, or audiovisual commercial communications whose content amounts to specified criminal offences, including unlawful threat, incitement to rebellion, agitation against a population group, child pornography under the Criminal Code, unlawful depiction of violence, or public incitement to terrorism or particularly serious crime.
Mediemyndigheten (the Swedish Media Authority) supervises compliance with these measures and may issue an order, which may carry a conditional fine, to secure compliance; the chapter does not itself specify age verification, identity checks, or another particular technical method as the required measure.
When LexLint raises it
When your app profile says your app publishes adult content.
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