The Government of Spain makes progress on the protection of minors in the digital environment

The Executive has also approved the Verano Joven 2024 programme, which includes discounts of up to 90% on bus and train tickets for young people to travel around Spain and Europe. It has also transposed the European directive setting an overall minimum tax of 15% for multinationals.

The Council of Ministers has addressed the draft organic law to guarantee the protection of the rights of minors in the digital environment, and the protection of their personal data and access to age-appropriate content. The text will be sent to the advisory bodies for their mandatory reports. The Government plans to submit it to Parliament after the summer.

The Executive also analysed today a diagnostic report on this issue presented by the Minister for Youth and Children, Sira Rego, which includes the contributions of the committee of experts that is collaborating in the drafting of the national strategy on the protection of children and adolescents in the digital environment, which will be approved in the autumn and reviewed every three years.

The Minister for the Presidency, Justice and Parliamentary Relations, Félix Bolaños, recalled that both regulations respond to the commitment made by the President of the Government, Pedro Sánchez, to promote a broad agreement at national level to protect minors in the digital environment.

Main lines of action

Félix Bolaños has advanced that the future law contains measures for prevention and for the training in digital skills of minors, their families and the professionals who come into contact with them, such as teachers and healthcare professionals. It also includes amendments to the Penal Code to criminalise certain offences committed in the technological environment, and reinforces parental control and verification of the age of people accessing websites and social networks.
 

A future law criminalises deepfake pornography

 

Secure digital environments

The minister detailed that public authorities will be obliged to carry out awareness-raising campaigns on the rights of minors in the digital environment and the risks associated with it. Meeting places will be promoted where children can develop healthy leisure and recreational activities, away from digital environments and social networks.

In the health field, the future law includes measures for the early detection, prevention and specialised care of minors with pathologies related to the inappropriate use of digital tools. In the area of education, education in digital citizenship, media literacy, privacy, data protection and intellectual property will be promoted.

Adapting the legal framework to new forms of crime

Bolaños pointed out that the law will amend the Penal Code to be able to punish inappropriate conduct taking place in the digital environment, including as criminal offences.

The future law criminalises deepfake pornography, i.e. the dissemination of images or audios that appear to be real, but have been generated by artificial intelligence or other technologies and simulate situations of sexual or vexatious content, without the authorisation of the affected party. It also criminalises online grooming of minors and the dissemination of pornographic material to minors.

The text also regulates online restraint so that convicted offenders cannot contact the victim by digital means.

Obligations for companies in the technology sector

The minister recalled that on 4 March the President of the Government of Spain met with the main technology companies operating in Spain and proposed that they collaborate in the application of measures to protect minors in the digital environment.

To this effect, the future law establishes that manufacturers must ensure that digital devices have parental control activated by default and informative labelling on their risks. They will also have to implement effective age verification systems.

Felix Bolaños added that video-sharing platforms should have a direct link to the complaint channel and parental control systems accessible to any user. The regulation prohibits minors from accessing random reward payment mechanisms in video games and platforms (loot boxes), and forces influencers to join the measures to protect minors. It also raises the minimum age at which consent to the processing of personal data can be given from 14 to 16.

The minister concluded by pointing out that Spain wants to lead the debate in the EU on this matter and advocates achieving homogeneous regulation in all countries.

Source: www.lamoncloa.gob.es – Ministerio de la Presidencia (CIF S-2811001-C). Complejo de la Moncloa 28071 Madrid – 12/06/2024
 

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