Article 197.7 of the Spanish Penal Code
Article 197.7 of the Spanish Penal Code criminalises the disclosure of intimate images without the consent of the individuals involved. This provision aims to protect individuals, including children and young people, from the unauthorised sharing of private and sensitive content. Offenders may face criminal charges for violating this provision, including fines and imprisonment. The law was updated in 2015.
(Source: BIK Policy Monitor Report 2024).
Entities responsible for implementation: Ministerio de Justicia.
Public consultation on appropriate age verification systems
In 2024, the Spanish National Commission of Markets and Competition (CNMC) opened a public consultation inviting public opinion on whether the age verification systems used by video platforms in Spain effectively prevent minors under the age of 18 from accessing harmful content such as pornography and gratuitous violence. The public consultation aims to gather comments and input from stakeholders on the applicable criteria for ensuring the suitability of these age verification systems.
The United Nations Convention on the Rights of the Child Act (2018:1197)
On 1st of January 2020, the UNCRC was officially incorporated into the Swedish legislation (The United Nations Convention on the Rights of the Child Act (2018:1197)). Incorporation of the CRC gives it the status of Swedish law, entailing a clearer obligation on courts and legal practitioners to consider the rights that follow from the CRC in deliberations and assessments that are part of decision-making processes in cases and matters concerning children.
(Source: https://www.informationsverige.se/)
Ordinance (2023:844) with instructions for the Swedish Media Agency
Under this Ordinance, the Swedish Agency for the Media is tasked by the government to work for freedom of expression, media and information literacy and the possibilities for media diversity and accessibility within its area of operation. The authority must also work to strengthen children and young people as conscious media users, make use of their experiences and work to protect children from harmful media influence. The Swedish Agency for the Media is also tasked to follow and analyse the development of children’s and young people’s media usage.
(Source: Sveriges Riksdag).
Swedish Radio and Television Act
The Swedish Radio and Television Act (2010:696) contains provisions aimed at protecting children from depictions of violence and pornography. These regulations apply to on-demand services.
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA
The purpose of trafficking in human beings is the exploitation of the person, including sexual exploitation, forced labour, begging, slavery or organ removal. The victim, or trafficked person, is forced or tricked to work against their will. Recruiting, transporting, transferring, housing or receiving people who are trafficked are all crimes. When children are trafficked, the punishment is more severe.
Audiovisual Media Services Directive
The rules to protect children from seeing illegal or harmful audiovisual content and inappropriate advertising on television also apply to video-sharing platforms, like YouTube. These cover user- generated videos and, for example, advertisements promoting alcohol, tobacco, food and drinks high in fat, salt or sugar. There are also rules on product placement, television advertising and teleshopping in and around children’s programmes. The obligations for video-sharing platforms (Article 28b of AVMSD) aim to protect all users even more from certain illegal content (e.g.
CSA Directive: Child Sexual Abuse Directive 2011/93/EU
The Directive covers prosecuting offenders, protecting victims and preventing offences as well as blocking and taking down websites that hold and distribute child sexual abuse material. The Commission is working closely with EU Member States to make sure that the directive is implemented fully. The Commission is assessing if this text solves all the issues it was meant to solve or if there are new issues, for instance because of the big technological changes of the last ten years.
ePrivacy Directive: Directive on privacy and electronic communications
The Directive makes sure that all users, including children, can use electronic communications in a confidential way and that their devices are protected. The Commission proposed a new Regulation on ePrivacy (see below under legislative proposals) to modernise the current Directive and provide more legal certainty for all users.
(Source: EC Compendium of BIK-related legislation).
Temporary derogation from the ePrivacy Directive Regulation (EU) 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by number-independent interpersonal communications service providers
This law allows online communications services providers to continue voluntarily to detect, report and remove child sexual abuse material online until 3 August 2024. It is a temporary derogation from Articles 5(1) and 6(1) of the e-Privacy Directive.
This regulation is in effect from August 2, 2021 until April 3, 2026.
(Source: EC Compendium of BIK-related legislation).


