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Protection of minors

Protection of minors

The protection of minors is one of ALIA’s main concerns. The Authority ensures that providers of audiovisual media services take the necessary, sufficient and appropriate measures to limit exposure of minors to content that is likely to impair their physical, mental or moral development, so that it is normally not possible for them to hear or see such content.

What types of content are subject to measures to protect minors?

  • Harmful and inappropriate content: is considered inappropriate and likely to harm the development of minors, content that, depending on the level of violence, sex scenes, fear and horror and other elements, is not suitable for minors under a certain age. If content is deemed unsuitable for young people of a certain age, it is broadcast subject to specific time restrictions and, if necessary, to other access restrictions.
  • Free pornography and violence: although not illegal, content such as pornography and violence is considered to be the most harmful to the development of minors and must therefore be strictly reserved for an adult audience because of its explicitly sexual or highly violent nature. Minors must not have access to it.
  • Illegal content: content that incites violence, hatred or contains a public provocation to commit a terrorist offense is prohibited because of the serious damage it can cause to security, public order and the well-being of the community. Respect and protection of human dignity apply to any programme content.

What are the measures that media service providers must take for the protection of minors?

Television

Providers of television services are required to implement certain access restrictions to protect minors:

  • Choice of the broadcast time: media service providers classify their programmes according to the criteria defined by law. The rules regarding identification, the duration of display of age ratings and the permitted broadcast times vary depending on the age category.
  • Display of age ratings: constraints on broadcasting times and the display of a pictogram, indicating the age from which a programme can be watched, are imposed on certain categories of programmes reserved for an adult audience (such as pornographic or very violent content).

Video sharing platforms (VSP)

To ensure the safety of minors on video-sharing platforms and create a suitable environment, providers must :

  • establish and implement clear and sound safety policies
  • put in place effective, user-friendly mechanisms enabling users to easily report harmful and illegal content
  • carry out age checks at registration or by restricting access to adult-only content
  • offer rating systems enabling users to classify content by reference to different age categories
  • offer parental control tools enabling them to monitor their children’s use of services and restrict their access to certain content
  • provide media literacy measures to encourage responsible use of their services and to raise users’ awareness of various topics related to their online experience.

Due to the increased risk of minors being exposed to harmful and illegal content on video-sharing platforms, providers are obliged to cooperate with the competent judicial authorities, particularly in relation to child pornography offences.

Video on demand (VOD)

Video-on-demand (VOD) platform providers use access restrictions that are different from those used by linear media service providers to limit the access of minors to certain content.

These are mainly based on the following technical measures:

  • filtering or labelling systems
  • provision of parental control features
  • presentation in a separate area with the most harmful content, access to which is only authorised by
    • age verification
    • allocation of personal access codes
    • payment

Cinema

Regarding the cinema, the responsibility lies with the organiser of public cinematographic representations, thus replacing the parental control function regarding access, choice and media consumption of minors.

As such, organisers are required:

  • to classify the films according to their content in the appropriate age categories based on criteria defined by law
  • to display the classification of the film in a visible way to allow parents and legal guardians to make informed decisions for their children
  • to control the age of the spectators at the entrance, thus guaranteeing that only people of the required age have access to the screenings

ALIA ensures the control of the compliance and the correct application of these obligations.

Commercial communications

For the purposes of protecting minors, audiovisual commercial communications must not cause physical, mental or moral harm to minors by

  • displaying their inexperience or credulity in order to induce them directly to make a purchase or to persuade their parents to do so
  • presenting minors in dangerous situations without justification.

Specific rules apply to the following subjects:

 

Alcoholic beverages: Commercial communications concerning certain products, such as alcoholic beverages, which could have harmful effects on the health, safety or well-being of minors, or encourage risky behaviour, are subject to specific rules for the protection of minors. These measures aim to limit the exposure of minors to advertising messages likely to encourage or normalise alcohol consumption.

Ethical codes: audiovisual media service providers are encouraged to draw up ethical codes concerning inappropriate audiovisual commercial communications accompanying or included in children’s programmes (e.g. for sugary or high-fat foods or drinks).

Processing of personal data for commercial purposes: The processing of minors’ personal data collected or otherwise generated by audiovisual media service providers or video sharing platform providers for commercial purposes such as canvassing, profiling and advertising based on behavioural targeting is not permitted.

Awareness and prevention

To provide reliable guidance on responsible media consumption, the Authority may have to address, as part of its awareness-raising, media and information literacy work, all topics that concern minors in the digital context, including

  • issues related to screen time
  • excessive media consumption
  • digital well-being
  • self-image
  • online security
  • advertising literacy

References