These days, kids consume hours of online content through social media, YouTube, TikTok and Gaming. Parents can’t monitor children’s online surfing 24/7. The protection of minors from inappropriate content, harmful products and services has become a global concern and Latin America is no exception.
Age verification helps to create a safer internet environment. This blog explores child protection laws across key Latin American countries, highlighting their different approaches and the evolving regulatory frameworks. We also look at the age verification tools that are used in the region.
Brazil: A Broad Legal Framework
Brazil, the largest country in Latin America with a population of 212 million requires multi-mode verification, combining government-issued ID checks, biometric data, and parental consent, to verify a user’s age. Brazil’s legislation places significant responsibility on service providers. These companies are expected to continuously respond to evolving threats by implementing technically advanced age verification tools.
The Brazilian Child and Adolescent Statute (ECA) provides a broad legal framework to protect minors. This includes restrictions on the distribution of inappropriate content to children and adolescents. The statute was updated in 2014 to include Internet and Child Protection to protect kids from online exploitation, cyberbullying, and access to inappropriate content (Law 12,965/2014).
Regulatory Summary:
ECA (Law No. 8,069/1990): Comprehensive protection of children’s rights, including online safety and prevention of exploitation.
Marco Civil da Internet (Law No. 12,965/2014): Regulates internet use, with specific provisions for privacy, data protection, and liability of online platforms.
Law No. 11,829/2008: Criminalizes child pornography online and strengthens prosecution tools.
Decree No. 9,831/2019: National strategy for combating child sexual exploitation on the internet.
Anti-Bullying Law (Law No. 13,185/2015): Covers cyberbullying prevention and education.
Carolina Dieckmann Law (Law No. 12,737/2012): Criminalizes cybercrimes, including those targeting minors.
Online Gaming and Gambling: Brazil drafted strict regulations for online gambling, which include age verification requirements. Although online gambling is largely prohibited, the regulation of fantasy sports and certain online games still lacks robust age verification mechanisms.
Data Protection: The General Data Protection Law (LGPD) rules that data processing, including age verification data, must follow strict privacy and security standards. This ensures that while verifying ages, the privacy of individuals, especially minors, is safeguarded. Platforms must obtain explicit parental consent before processing the personal data of minors under 18.
Social Media: Brazil’s recent ban on X (formerly Twitter) is tied to concerns over the platform’s compliance with the country’s laws. The Social Media’s platform does not implement age and identity verification which adds to a broader regulatory clash between X and the Brazilian socialist government. In 2023, Brazil introduced stricter digital regulations, particularly around online platforms and age verification, in efforts to protect minors and limit the spread of harmful content. Human rights organizations are concerned about Brazil’s censorship of X because it sets a precedent for restricting free speech and stifling political dissent. By banning a global platform, critics fear it could be used to suppress diverse viewpoints, limiting democratic debate in Latin America’s largest country.
Mexico: Strengthening Digital Safety Measures
In Mexico, the law that addresses the protection of children on the internet is primarily rooted in the General Law on the Rights of Children and Adolescents (Ley General de los Derechos de Niñas, Niños y Adolescentes – LGDNNA), enacted in 2014. This law provides a broad framework, including specific provisions related to protecting minors in the digital environment. Mexico’s regulators expect service providers to implement age verification tools, preferably empowered with biometrics and AI. These laws are part of a broader regulatory framework that looks to hold companies accountable for not protecting minors. Companies could face severe penalties if they do not comply with regulations.
Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares – LFPDPPP): This law, enacted in 2010, governs the protection of personal data in general, including that of minors. It has specific provisions to ensure that children’s personal data is treated with a higher level of protection, especially in the digital space. Platforms must obtain explicit parental consent before processing the personal data of minors under 18.
- Combatting Online Child Pornography and Exploitation: The Mexican Penal Code punishes the production and distribution of child pornography with severe penalties.
- Cyberbullying: Mexico recognized the growing issue of cyberbullying and school programs teach children about responsible internet use.
- Federal Telecommunications and Broadcasting Law: This law includes provisions aimed at protecting children from inappropriate content in broadcasting and digital platforms. Age verification is becoming an integral part of these regulations, particularly for online content providers.
Mexico’s Secretariat of the Interior oversees gaming activities, enforcing age restrictions to prevent minors from taking part in online gambling. Online gaming platforms are required to implement age verification processes to follow these regulations. Adult content providers must implement age verification tools.
Argentina: Comprehensive Protection of Children’s Rights
In Argentina, the Law for the Integral Protection of the Rights of Girls, Boys, and Adolescents (Ley 26.061, enacted in 2005) provides comprehensive protection of children’s rights, The law ensures that children and adolescents have the right to be protected from any form of exploitation, abuse, neglect, and harmful content, including in the digital space.
While Ley 26.061 lays out the general framework, Argentina has introduced further legal and regulatory measures to address specific issues related to children’s online safety:
- Personal Data Protection (Law 25.326): This law regulates the collection and use of personal data, with special provisions for protecting minors. It prohibits the collection of personal data from children without parental consent.
- Telecommunications Law (Law 27.078, Argentina Digital): This law outlines the responsibilities of internet service providers and the government in ensuring safe access to digital content.
- Media Law (Law 26.522): this law regulates media content to protect minors from inappropriate programming.
Argentina’s legal framework also addressing online risks like child pornography, cyberbullying, and online exploitation.
- Law 25.087 imposes harsh penalties for crimes related to child pornography, including distribution via the internet.
- National Campaigns: Argentina has launched various initiatives through the National Communications Agency (ENACOM) and the Ministry of Justice and Human Rights to raise awareness about the dangers of the internet and promote safe online practices for children.
Chile: A Robust Legal Framework
Chile has developed a robust legal framework to protect children from inappropriate content, abuse, and exploitation on the internet through several laws, including:
- Law 21.430 (2022) – Law on Guarantees and Integral Protection of the Rights of Children and Adolescents: This law, enacted in 2022, is the most comprehensive legislation on children’s rights and covers the protection of minors both online and offline, including provisions to protect minors from harmful content, their right to privacy and data protection. It also defines the responsibility of digital content and services platforms. Platforms must obtain explicit parental consent before processing the personal data of minors under 18.
- Law 19.927 (2004) – Law on Child Pornography
- Law 21.096 (2018) – Law on Cybercrime: this law combats cybercrimes, including those targeting children, such as cyberbullying and online grooming.
- General Law on Telecommunications: This law includes provisions to protect minors from harmful content. Age verification is required for accessing adult content and certain online services.
- Gambling and Gaming Regulations: The Chilean Superintendency of Casinos regulates gambling activities, enforcing age restrictions, and requiring online platforms to implement age verification processes.
Colombia: Focus on Digital Safety
In Colombia, the protection of children from inappropriate digital content, abuse, and exploitation is regulated by a combination of national laws, particularly Law 1098 of 2006 (the Children and Adolescents Code) and additional regulations aimed at addressing specific issues such as online sexual exploitation and cybercrime.
- Law 1098 of 2006 – Code for Children and Adolescents: This law is the primary legal framework for the protection of children’s rights in Colombia. Several of its provisions relate specifically to internet safety
- Law 679 of 2001: Known as the “Internet Protection Law,” this legislation aims to prevent the exploitation of minors online. Commonly known as the Anti-Child Pornography Law.
- Law 1273 of 2009 – Cybercrime Law: This law focuses on cybercrimes and includes specific provisions to protect children from abuse and exploitation facilitated through the internet.
- The Colombian Data Protection Law 1581 requires that any personal data collected for age verification purposes is handled securely and in compliance with privacy regulations.
- Law 1918 of 2018 – Law to Combat Cyberbullying: addresses the growing problem of cyberbullying, harassment and abuse in the digital space.
Gambling Regulations: The Colombian Gaming Authority regulates gambling activities, enforcing strict age verification processes to ensure that minors are not taking part in online gambling.
Age Verification Tools
We explored the regulatory landscape, now let’s have a quick look at some of the most popular Age Verification tools used in Latin America. Age verification tools are critical, particularly for industries like e-commerce, gambling, gaming, alcohol, adult, and other products and services that require the verification of consumers’ age. Most solutions are a mix of global technologies and region-specific tools that comply with local regulations. Here are some of the widely used age verification tools in Latin America:
- Type: Global identity verification tool.
- Usage: Widely used in Latin America for age verification in sectors like online gambling, financial services, and alcohol sales.
- Features: It uses AI, biometrics, and government-issued IDs to verify users’ ages and identities.
- Type: Global ID verification and compliance tool.
- Usage: Expanding in Latin America for sectors such as gaming, e-commerce, and FinTech.
- Features: AI-powered verification with support for Latin American identification documents, providing accurate age verification based on document validation.
- Type: Global identity verification platform.
- Usage: Growing in Latin American markets, especially for compliance with online financial services and e-commerce.
- Features: Automated and video-based verification processes, supporting real-time ID checks and age verification.
- Type: Identity verification tool.
- Usage: Known in Latin America for being integrated into age-restricted services like online marketplaces and adult platforms.
- Features: ID document verification and selfie checks to verify both identity and age.
- Type: Global identity verification and fraud prevention solution.
- Usage: Popular in Latin America for businesses in gaming, FinTech, and e-commerce.
- Features: It combines document verification, device, and database checks to ensure the age and identity of users.
- Type: KYC and age verification solution.
- Usage: Used in Latin America for compliance with regulations in the gaming and financial industries.
- Features: AI-driven verification with support for over 6,500 documents, making it well-suited for diverse regions like Latin America.
- Type: KYC/AML and identity verification.
- Usage: Expanding in Latin America in sectors like telecommunications, FinTech, and online platforms that require age verification.
- Features: Video-based identity verification with AI for facial recognition, as well as document checks for accurate age determination.
- Type: Global fraud prevention and identity verification.
- Usage: Applied in Latin America across e-commerce and gambling platforms.
- Features: Database checks combined with real-time age verification processes for enhanced security.
- Type: ID and Age Verification
- Usage: UK Based, global footprint
- Features: AI empowered facial, ID and Age Screening and Verification
- Type: Age and Content Screening
- Usage: UK-based with global footprint
- Features: Age- and Document Verification ecosystem of data, deep tech and AI
Industry-Specific Tools:
- Gaming: Many gaming companies in Latin America integrate age verification tools like Yoti or FaceTec to follow regulatory standards.
- Alcohol Sales: Solutions such as Netverify (from Jumio) and Trulioo are widely used for verifying the age of users buying age-restricted products.
- Adult Business: Yoti, Veriff, Jumio and ID.me and Onfido.
In Conclusion: Challenges and Opportunities
Implementing age verification laws in Latin America presents several challenges and opportunities. While some countries have advanced digital infrastructures, others face challenges in implementing sophisticated age verification systems due to limited technological resources. Balancing the need for effective age verification with privacy concerns is a significant challenge. Regulations must ensure that personal data collected for age verification is protected and used responsibly, particularly the data of minors. Ensuring compliance with age verification laws requires robust enforcement mechanisms. This can be resource-intensive and requires continuous monitoring and updating of regulatory frameworks to keep pace with technological advancements. Finally, raising awareness about the importance of age verification and encouraging cooperation from digital platforms and service providers is crucial for the effective implementation of these laws.
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These insights were shared with you by @SandeCopywriter on behalf of Segpay
