The Polish government has taken significant steps towards strengthening online age verification requirements for adult content, with a proposed law mandating robust age-verification systems and potential penalties for non-compliance. The move comes as part of a broader package aimed at protecting children from digital threats, including a ban on mobile phones in primary schools and accelerated blocking of illegal online content.
What Happened
The Polish Council of Ministers has endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online. The bill, which still requires approval by parliament and the president before it becomes law, specifies that websites hosting pornographic content must deploy systems that genuinely establish a user's age, rather than relying on self-declaration or stated date of birth.
According to Deputy Minister of Digital Affairs Michał Gramatyka, the proposed Act on the Protection of Minors Against Access to Pornographic Content is "crucial" in addressing the issue of minors accessing adult content online. The ministry is advocating for the use of the European Digital Identity Wallet in implementing new age verification requirements.
Background and Context
The proposed law is part of a broader effort by the Polish government to address concerns around child safety online. Research has shown that 73% of children and 71.1% of adolescents in Poland believe it is too easy to access harmful content online, particularly pornography. The average age at which children first see pornographic content is around 11 years old.
The draft law aims to increase the responsibility of providers of electronic services for the content published on their platforms. Service providers will be required to conduct and document a risk analysis related to allowing minors to access harmful content, as well as use age verification preventing access to such content by minors.
Why it Matters to the Industry
The proposed law has significant implications for adult industry platforms and operators. The requirement for robust age-verification systems will necessitate a shift towards more effective and secure methods of verifying user ages, potentially involving the use of digital identity wallets or other technologies.
The potential penalties for non-compliance, including financial fines and website blocking, highlight the importance of implementing compliant age verification solutions. This may require significant investments in infrastructure and technology by adult industry platforms, as well as a re-evaluation of current moderation and content policies.
What Comes Next
The proposed law must still make its way through Poland's parliament and gain approval from President Karol Nawrocki before it becomes law. The path to enactment is uncertain, given the president's previous veto of a similar bill implementing the EU's Digital Services Act (DSA) in Poland.
However, if enacted, the law would add another European jurisdiction to a widening age-assurance policy wave, following moves by France and other countries to require internet providers to block adult sites that fail to verify users' ages. The European Commission has also sought a privacy-preserving age verification solution built around minimal data disclosure under the Digital Services Act.
Key Facts
- The Polish government has endorsed a proposed national law requiring sites and platforms to age-verify users to prevent minors from accessing adult content online.
- The bill specifies that websites hosting pornographic content must deploy systems that genuinely establish a user's age, rather than relying on self-declaration or stated date of birth.
- Service providers will be required to conduct and document a risk analysis related to allowing minors to access harmful content.
- The proposed law aims to increase the responsibility of providers of electronic services for the content published on their platforms.
- Potential penalties for non-compliance include financial fines and website blocking.
