In response to the growing number of cases involving sexual imagery of children and youth, the Legislative Yuan passed amendments to parts of the Child and Youth Sexual Exploitation Prevention Act on July 12, 2024. The amendments were promulgated by the President on August 7 of the same year. With the exception of Articles 3, 8, 8-1, and 47 (which will come into force on a date designated by the Executive Yuan), the revised provisions have taken legal effect.
These amendments expand the legal definition of sexual exploitation and increase the scope of punishable conduct. They also strengthened the government’s capacity to prevent and respond to child and youth sexual exploitation and impose greater responsibility on internet platform operators. Highlights of the amendment are as follows:
1. Expanded definition of sexual exploitation, expansion of penalties (Articles 2, 36, 39, 44)
To prohibit all forms of sexual exploitation against minors, the amendments explicitly add acts such as reproduction, possession, and paid viewing of child sexual exploitation materials (CSAM) to the list of punishable behaviors. In light of the increasing misuse of deepfake technology, the legislative explanation clarifies that “sexual imagery” includes content generated or realistically illustrated using generative AI or content depicting minors based on real individuals. To effectively disrupt the industry surrounding the creation and circulation of such materials, the following new offenses have been introduced:Unlawful reproduction of sexual images or materials involving minors
Possession of such imagery without justifiable cause in exchange for payment
Paid viewing of sexual imagery involving children or youth
Those who purchase, possess, download, or pay to view such content will be subject to criminal penalties — with sentences of up to seven years’ imprisonment.
2. Cross-agency prevention measures and victim support (Articles 3, 4, 5, 51)
To provide a stronger safety net for minors, the amendments include the establishment of a CSAM Response Center, which will receive complaints and provide consultations regarding illegal sexual content. The Center will also coordinate with internet service providers to remove illicit material and refer victims for counseling and support services to aid in their recovery.
Police departments are required to establish a digital forensic database of CSAM to assist in subsequent criminal investigations.
Furthermore, individuals convicted of coercing minors into creating sexual imagery through force or threats will be subject to offender intervention programs, including mental health treatment, education, mandatory registration and reporting, and community visits — similar to existing sexual assault offender mechanisms.
To strengthen awareness, all schools at the high school level and below are required to provide at least two hours per semester of education on the prevention of child and youth sexual exploitation. Additional outreach and training are also mandated for school staff and early childhood educators.
3. Increased responsibilities for ISPs (Articles 8, 8-1, 47)
The amendments place greater legal responsibility on internet service providers and platform operators. If operators are aware of suspected CSAM, they are required to remove such content within 24 hours.
Additionally, under specific circumstances, regulatory authorities may adopt access restriction measures, such as domain blocking, to improve enforcement outcomes.
These amendments to the Child and Youth Sexual Exploitation Prevention Act reflect the government’s firm commitment to combating sexual exploitation crimes. With clearer legal boundaries and significantly heightened penalties, the public is reminded:
It is strictly prohibited to produce, distribute, reproduce, possess, sell, or pay to view sexual imagery involving minors or realistic AI-generated depictions of minors. Even so-called “private collection” or “personal viewing” is subject to criminal liability.
(This article was authored by Attorney Lai Yu-Ju of ToMoDaChi Attorneys-At-Law.)
