The Council of Ministers approved​ a law on Tuesday designed to‍ protect ⁤minors in digital ​environments. This action also greenlights a reform of the ⁢Criminal Code, introducing new offenses related to artificial intelligence (AI) ‌generated ‌content that targets ⁤children.

According to the Ministry ​of Youth‌ and ‌Childhood, ⁤this is an adaptation to new forms of crime, intended to exercise effective protection against new ⁣technological crimes. To address ​these concerns, Article 173 bis has been added to the ⁢Criminal Code. This article ‌penalizes those who, ⁤ without authorization of the person affected and with the intention of impairing their moral integrity, disseminate, exhibit ⁣or give their‍ body image ​or ⁣audio ​of ‌the voice generated,‍ modified or recreated by automated systems, software, algorithms, artificial intelligence or any other technology, so that it seems real,⁣ simulating situations of sexual content or severely vexatious.

This refers to deepfakes, ⁢or ultrafalsifications, where ‌AI is used to recreate a person, perhaps for creating pornographic ⁢content. A notable incident occurred in Almendralejo in September​ 2023, where students from a⁤ local institute were digitally altered using​ AI.

Violators of this law could face prison sentences ranging from one to two years. If the content is disseminated through social networks or any ⁢platform with a broad audience, the minimum‌ prison sentence increases​ to one‍ and a half ‌years.

For the first time, specific regulations are being ⁣established to address grooming, ⁣which involves creating a false identity to deceive a minor into committing a sexual crime. This⁣ can involve inventing a ⁣persona or misrepresenting⁤ personal characteristics like ⁣age or gender. To combat this, aggravated forms of existing crimes are being introduced in ​several articles ‌of the Criminal Code (181, 182,​ 183, 185, 186,​ 188 and 189), as part of a reform led‌ by the ⁢Minister of Presidency and Justice, Félix bolaños.

The legislation, drafted collaboratively by the ministries of⁢ childhood,⁤ social rights, digital conversion, and ⁢justice, also introduces digital departure orders. The aim is‍ to improve the enforcement of general and special prevention measures​ related to technological crimes. Specifically, articles 33, 39, 40, 45, 48, 56, 70 and 83 of the⁤ Criminal⁣ Code will be amended to include penalties⁣ for ⁢accessing​ or communicating through social networks, forums, communication platforms, ‌or any other virtual space when ‍the crime is committed within that space.

Factory‍ Parental Control on Mobile Devices

The regulations,‌ largely unchanged since their⁣ initial approval, ​focus on two key areas: protecting children ​and adolescents from online dangers​ and ensuring they have the tools to use technology safely and appropriately.

To achieve this,the ⁣law includes measures to prevent​ children ​from circumventing safety measures and accessing inappropriate content. One ⁤key‍ provision is⁣ the ‍mandatory inclusion of free parental‌ control software pre-installed on all smart ⁢electronic devices, including mobile phones, ​tablets, computers, and smart TVs.

Minimum Age for Social Media Raised ⁣to 16

The law raises the⁤ minimum age for creating social media accounts from 14 ‍to 16. This applies to platforms like Instagram,​ X, Twitch, and‍ TikTok. however,‍ enforcement may be challenging, as each social network‌ has its own terms and conditions⁤ regarding⁢ minimum age requirements. Such ‍as, TikTok, Twitter, and Twitch currently require users to⁤ be at least 13⁣ years old, while Instagram requires users to be 14. Other platforms adhere to the minimum legal age in the user’s territory.

The legislation also recommends avoiding ⁢exposing children between the ages of 0 and 3 to any digital ⁤devices. For children between 3 and 6, screen time should be limited to punctual and under ‌the supervision of an⁢ adult for purposes such as maintaining⁤ social, family contact​ or when determined by judicial resolution. Furthermore, delaying giving a mobile phone to a minor is‍ recommended, and if a child between 12 and 16 ⁤has ⁣a phone, it should be ​a basic model without internet access. Parents and other adults are encouraged to limit ⁣their own device use in the presence of young children, at least until the child reaches the age of 6.

Priority to ‌Analog​ Education‍ in Schools

The law mandates that schools expressly regulate the use of ‌mobile phones and digital devices in classrooms,extracurricular⁢ activities,and during ⁣recess. A⁢ prior⁤ expert report recommended against the use of individual digital devices in early childhood education, although collective‍ teaching tools may be used under teacher supervision, provided ​the child is at least 3⁢ years old.

Medical Reviews to Detect⁣ Technology Addiction

The law also requires pediatricians to ask minors a series of questions to identify potential problematic technology use ​that⁣ could lead to addiction or social isolation. Access to ‌loot‍ boxes in video⁤ games will also be⁤ prohibited to prevent addictive behaviors.

Digital Content labeled to Warn of ‌Potential Dangers

the law ⁢introduces ⁣an audiovisual⁤ content labeling system, similar ‍to those used for video games, series, and ⁢films (e.g., ⁤Pan European Game Data). ​This system will‍ apply to videos and images published on social networks like YouTube, tiktok, and X,‍ providing warnings about potentially unsuitable ⁣content.