Finally, to delve further into the subject, interested parties may refer to the standards mentioned at the beginning of this document ( law 679 of 2001 and decree number 1524 of 2002 ).
DECREE 1524 OF 2002 (July 24)
"By which article 5 of Law 679 of 2001 is regulated."
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA:
In exercise of his constitutional and legal powers and especially those conferred by numeral 11 of article 189 of the Political Constitution, Law 72 of 1989, and Law 679 of 2001, and
That in accordance with the provisions of Article 44 of the Political Constitution, children will be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse, labor or economic exploitation and risky work;
That article 4 of Law 679 of 2001 establishes that the Colombian Family Welfare Institute will form a commission for the purpose of preparing a catalog of abusive acts in the use and exploitation of global information networks in relation to minors old. This commission will propose technical initiatives such as detection, filter, classification, elimination and blocking systems of harmful content for minors in global networks, which will be transmitted to the National Government with the purpose of dictating measures in development of this law;
That the second paragraph of Article 4 of Law 679 of 2001 stipulates that this commission shall present a written report to the National Government, in which the conclusions of its study are recorded, as well as the proposed recommendations;
That article 5 of Law 679 of 2001 establishes that, according to this report, the National Government, with the support of the CRT, will adopt administrative and technical measures aimed at preventing minors from accessing any form of information pornographic, and to prevent the use of global information networks for the purpose of child sexual exploitation or the offering of commercial services that involve sexual abuse with minors,
DECREES: CHAPTER I General Part
Article 1. Object. The purpose of this decree is to regulate article 5 of Law 679 of 2001, in order to establish technical and administrative measures intended to prevent minors from accessing any form of pornographic information contained on the Internet or on the different kinds of computer networks that are accessed through global information networks.
Likewise, to tend so that these means are not used for the purposes of child sexual exploitation or offering commercial services that involve sexual abuse with minors.
Article 2. Definitions. For the purposes of this Decree, the following definitions are adopted:
1. Minor: A minor is understood to be the person who has not reached the age of eighteen.
2. Child Pornography: Child pornography is understood to be any representation, by any means, of a minor engaged in explicit, real or simulated sexual activities, or any representation of the genital parts of a child for primarily sexual purposes.
3. Spamming: The use of email services to spread unsolicited messages indiscriminately to a large number of recipients.
4. Hosting Service: Hosting service through which a client is given a space within his server for the operation of a site.
5. Site: Set of computational elements that allow the storage, exchange and / or distribution of content in electronic format that can be accessed through the Internet or any other communication network and that are arranged in order to allow access to the public or to a specific group of users.
It includes computational elements that allow, among other services, the distribution or exchange of texts, images, sounds or video.
6. ISP: (Internet Service Provider) - Internet access provider.
Article 3. Area of ??application. Natural and legal persons of Colombian nationality, or foreigners domiciled in the country, whose activity or corporate purpose is directly or indirectly related to the commercialization of goods and services through global information networks will be subject to this decree.
CHAPTER II Prohibitions and Duties
Article 4. Prohibitions Providers or servers, administrators and users of global information networks may not:
1. Host images, texts, documents or audiovisual files on your own site that
2. Host pornographic material on your own site, especially in the form of images or videos, when there are indications that the people photographed or filmed are minors.
3. Hosting on your own site links or "links" on telematic sites that contain or distribute pornographic material related to minors.
Article 5. Homework. Without prejudice to the obligation to report enshrined in the law for all residents in Colombia, providers, administrators and users of global information networks must:
1. Report to the competent authorities any criminal act against minors of which they are aware, including the dissemination of pornographic material associated with minors.
2. Combat with all the technical means at its disposal the dissemination of pornographic material with minors.
3. Refrain from using global information networks for the dissemination of illegal material with minors.
4. Establish technical blocking mechanisms by means of which users can protect themselves or their children from illegal, offensive or undesirable material in relation to minors.
Technical and administrative measures
Article 6. Technical measures.
1. ISPs, hosting service providers or corporate users must implement internal security systems for their network, aimed at preventing unauthorized access to their network, spamming, or access to their network from public systems , in order to spread content related to child pornography.
2. ISPs must implement in their own infrastructure, control techniques, based on the classification of content whose main objective is to prevent access to sites with child pornography content.
The classification of these contents will be subject to that carried out by the different specialized entities in the matter. These entities will be endorsed in a concerted manner by the Ministry of Communications and the Colombian Institute of Family Welfare-ICBF.
3. Hosting service providers may use technological tools to monitor and control content hosted on sites with access to the general public that are found on their own infrastructure.
4. ISPs and hosting service providers must offer or inform their users about the existence of filtering mechanisms that may be installed on their computers, in order to prevent and counteract the access of minors to the pornography.
Likewise, ISPs must provide the user with access to information on classification criteria, the values ??and principles that support them, the configuration of content selection systems and the way in which they are activated on the user's computers.
5. When an address is blocked by the ISP, it must be indicated that it is not accessible due to a block made by a content selection tool.
6. ISPs and hosting service providers must include on their sites, express information on the existence and scope of Law 679 of 2001, and its regulatory decrees.
7. ISPs and hosting service providers must implement links or "links" that are clearly visible on their own site, so that the user can report websites with the presence of child pornography content to the competent authorities.
Paragraph. For all purposes, the information collected or known in the development of the controls described here, will be used only for the purposes of Law 679 of
2001, and in no case may it be supplied to third parties or to the detriment of the rights referred to in the article. 15 of the Political Constitution.
Article 7. Administrative Measures. In the different service contracts between the ISPs and their subscribers, the prohibitions and duties referred to in this decree must be included, warning them that their non-compliance will entail the administrative and criminal sanctions contemplated in Law 679 of 2001 and in this decree.
In contracts for the provision of accommodation services, clauses must be stipulated where the accommodation of child pornography content is expressly prohibited. In the event that the accommodation service provider becomes aware of the existence of this type of content in its own infrastructure, it must report it to the competent authority, and once the process has been completed and responsibility on the part of the latter has been verified, it will proceed to remove it now. terminate contracts unilaterally.
Paragraph. The competent authority may, as a precautionary measure, order the suspension of the corresponding site in the event that it considers it so, in order to
Article 8. Implementation of Technical and Administrative Measures. In order to comply with the provisions of articles 6 and 7 of this decree, ISPs and accommodation service providers will have a maximum term of six (6) months from the effective date of this decree. in order to adopt the measures provided for in these articles. Term extended by National Decree 67 of 2003
At the end of the previous term, the ISPs and providers of accommodation services will inform the Ministry of Communications about the way in which said measures have been adopted, as well as others that on their own initiative they have considered convenient for the fulfillment of the object of this decree.
Article 9. Administrative Sanctions. Suppliers or servers, administrators and users who do not comply or violate what is established in this decree, will be sanctioned by the Ministry of Communications successively as follows:
1. Fines of up to one hundred (100) current legal monthly minimum wages, which will be paid to the Fund Against Sexual Exploitation of Minors, referred to in article 24 of Law 679 of 2001.
2. Suspension of the corresponding electronic page.
3. Cancellation of the corresponding electronic page.
For the imposition of these sanctions, the procedure established in Book I of the Contentious Administrative Code will be applied, with observance of due process and criteria of adequacy, proportionality and recidivism.
Paragraph. The Ministry of Communications will carry out the pertinent administrative investigations and will impose, if applicable, the sanctions provided for in this decree, without prejudice to the criminal investigations carried out by the competent authorities and the sanctions that this may give rise to.
Article 10. This decree governs from the date of its publication and repeals all provisions that are contrary to it.
Publish and fulfill.
Given in Bogotá, DC, on July 24, 2002.
ANDRES PASTRANA ARANGO
The Minister of Communications, Angela Montoya Holguín.
NOTE: Published in Official Gazette No. 44,883 of July 30, 2002.