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PF delegate says that ECA Digital regulates the internet for children and adolescents.
A proposal from the National Council of Justice (CNJ) provides that judges will be able to establish mechanisms to protect children and adolescents who act as digital influencers, including measures to shield the income and assets they obtain from this work.
Reported by counselor FĂĄbio Esteves, the measure should be presented at this Tuesday's (9) session of the CNJ, which discusses the granting of authorization for minors to participate in paid artistic and advertising activities on digital networks and platforms.
This regulation is a consequence of the entry into force, in March, of the Digital Child and Adolescent Statute (ECA), which established the need for licenses for the activities of so-called "child influencers" in the digital environment.
The Digital ECA created a legal framework for the protection of young people in the digital environment, with measures aimed at online safety, data protection, risk prevention and accountability of platforms for illicit content and abusive practices.
Safeguards
The proposal establishes that magistrates, when granting permits, will establish "safeguards necessary for the full protection of the child or adolescent."
These safeguards will need to take into account, according to the CNJ, the characteristics of the authorized activity, the exposure load of this young person, in addition to their age, level of development and specific needs.
Judges will be able to adopt measures such as:
limiting the frequency, duration and times of carrying out this activity;
adopting measures to protect the physical and emotional health of the child or adolescent;
determining actions to guarantee school attendance;
restricting content, the form and means chosen to disclose the authorized activity;
define measures aimed at protecting the privacy, image, voice and personal data of the child or adolescent; and
establish "asset protection measures related to remuneration or income arising from the authorized activity.
Income protection for minors
The text lists, among the possible measures, the creation of an asset reserve account or an investment in the name of the child or adolescent.
The CNJ also proposes mechanisms for controlling and providing information on the destination of income, in addition to restrictions on the use of these amounts, when risks of undue economic exploitation or compromising assets are identified.
The proposal also establishes that permits will have a maximum validity period of 12 months, for children, and 18 months, for teenagers. The established terms may be changed at any time, if the judge deems it necessary.
The measure also brings about the creation of a national bank of granted licenses, which will have among its objectives to allow supervisory bodies, such as the Public Prosecutor's Office, to have access to information about the activities of these young people on the networks.
ECA Digital, Child and Adolescent Statute that creates new rules for minors' access to the internet, comes into force
Jornal Nacional/ Reproduction
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