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Policies/en/Combating-Online-Child-Exploitation

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This is a draft version. Source: adapted notably from the Wikimedia Foundation Governance Wiki, https://foundation.wikimedia.org/wiki/Policy:Wikimedia_Foundation_Combating_Online_Child_Exploitation_Policy (CC BY-SA 4.0), with changes. Status: proposal, to be adopted. See the detailed disclaimer.

In simple words: protecting children is non-negotiable. This page proposes a zero tolerance rule against any content or behavior that sexually exploits minors on the platform: what is strictly forbidden, how to report it, and what would happen to accounts that break this rule (immediate removal, lock, and report to the authorities).

Combating online child exploitation

This policy is a set of guidelines and procedures regarding changes to or removals of content on the WikiDeal Markets and Portals (collectively, "the Platform"), or actions against specific individuals, that would be performed by designated staff upon receipt of one or multiple valid complaints from the volunteer community or the public, and/or as required by law.

This policy supports existing proposed policies around user conduct, such as the Universal Code of Conduct and the office actions policy (proposal, to be adopted). It also supports the commitment to protect children's rights set out in the proposed Human rights policy. All such actions would be performed pursuant to the Terms of Use.

Purpose and scope

The Platform would attract contributors and users of all backgrounds, spanning a large demographic range. Given the range, some participants, including minors, are inherently more at risk and potentially vulnerable to exploitation and disproportionate levels of abuse. The proposal is a zero tolerance policy regarding content or activity that sexually exploits or puts minors at risk.

Questions about this policy may be emailed to info@wikideal.net.

Child sexual abuse material ("CSAM")

The definition of child sexual abuse material ("CSAM") across industry best practices is broad and covers a wide range of subjects and acts. Generally, CSAM refers to any content that depicts sexually explicit activities involving a child. Visual depictions include photographs, videos, live streaming, and digital or computer generated images, including AI-generated content, indistinguishable from an actual minor.

CSAM is known legally as "child pornography", though this term is generally deprecated. Additional information including definitions is available from subject matter-specific organizations including RAINN, the National Center for Missing and Exploited Children, and INHOPE.

Material on the Platform is intended for general informational and contractual purposes only, which informs this definition of CSAM. It includes all forms of text or media: depictions of real people, computer generated, or illustrated. Under this policy, you must not upload material that depicts the sexual exploitation of minors, that is, people under the age of 18. This includes images of yourself.

Prohibited content

Prohibited content includes (but is not limited to) photographs, drawings, renderings, or videos of minors depicting:

  • Nude body with a focus on genital areas, where that image has no obvious educational value aligned with the purpose of the Platform
  • Implicit or explicit sexual intercourse with or in proximity of a minor
  • Simulated sexual activity (including if the minor is fully clothed)
  • Masturbation
  • A minor depicted with or engaging in sexual activity with sex toys
  • Other sexually explicit conduct as defined by applicable law, including Article 197 of the Swiss Criminal Code (pornography)

Sharing links to (or purporting to be to) such material is also in violation of this policy. Any contract concluded through the Platform whose object involves the sexual exploitation of minors is prohibited, void of any legitimacy, and would be reported to the authorities. Other material may be removed at the discretion of the legal function of the Foundation pursuant to the Terms of Use.

Situations and content outside the scope of this policy

In rare cases, images that may be removed on other platforms might be kept on the Platform when they provide demonstrable educational, medical, scientific, cultural or historic value in support of the documentation purposes of the Platform. Examples of content that may be allowed include media with demonstrable cultural or historic significance, media in which scientific, medical, or religious context is evident, and media of minors with minimal clothing (for example swimsuits or athletic clothing) in staged or competitive environments such as notable pageants or sporting events. Given the contractual focus of WikiDeal, such situations are expected to be much rarer than on encyclopedic platforms.

Reporting violations

If you come across material that you believe to be in violation of this policy, please report it immediately by sending links to the material (or other links that may help locate the material) to info@wikideal.net.

If you are a volunteer administrator, you should also feel empowered to delete or suppress the content per the policies of the relevant Market or Portal. Material reported would be evaluated and, if in violation of applicable policy, removed and reported as documented below.

If you believe yourself to be in immediate danger of threats of physical harm, contact your local law enforcement.

Mitigating actions

The hosting foundation, in compliance with applicable law, would remove apparent CSAM upon its discovery and report it to the competent authorities (in Switzerland, the relevant police authorities; and, where applicable, to specialized organizations and hotlines such as those coordinated by INHOPE).

Accounts found to have uploaded such material would be immediately locked. Actions related to the upload of CSAM would not be appealable, due to the nature of the violation.

Content that promotes, supports or encourages child exploitation

Section 4 of the Terms of Use, "Refraining from certain activities", prohibits encouraging, grooming, or advocating for others to create or share CSAM. You may not post material, through text or other means, which promotes, encourages, or advocates for child sexual exploitation, or which seeks or requests abusive material. This includes but is not limited to:

  • Content that defends, advocates for, supports, or encourages participation in sexual relations involving minors
  • Content that expresses the view that sexual or romantic relationships with adults are not harmful to children
  • Self-identification as sexually attracted to minors
  • Attempts to ascertain the age and/or personal identity of other users, or attempts to coerce them into revealing this information
  • Attempts to move discussions with minors to off-platform venues, private or public

Please note that it is not a violation of this policy to merely edit content in the topic area of child abuse in good faith and consistent with the policies of the relevant Market or Portal (for example, documentation about child protection clauses in contracts).

Reporting violations

If you believe a user is in violation of this policy, please report this by email to info@wikideal.net. Please include as much information about the situation as possible that you feel comfortable sharing, ideally including links to edits or uploads that are problematic.

Mitigating actions

Upon receipt of a report, the designated team would open an investigation into the incident(s). Sanctions could go up to a permanent ban from the whole Platform, in accordance with the Terms of Use.

Criminal convictions for child abuse

It is not necessarily a violation of the Terms of Use to contribute with a current or served criminal conviction or record by itself. However, this may be considered among the risk factors as part of the application of this policy. The communities of individual Markets or Portals may choose to set and enforce stronger policies in this regard.

Minor safety at events

The intention is to ensure a safe and positive experience for minors and young attendees at events (both online and offline). Always refer to and enforce the Friendly space policy for all events that are supported, hosted or funded in connection with WikiDeal.

Frequently asked questions

How would this policy interact with the policies of my Market or Portal?

This policy is intended to complement local policies on child protection where these exist and are enforced. Communities may create and enforce local policies going beyond the shared minimal standards this topic-specific policy provides. Situations may also be escalated to the designated team through info@wikideal.net.

How long would it take for an action to be issued under this policy?

Cases involving CSAM uploads would be handled immediately after processing a complaint, following statutory expectations under applicable law. Other matters may vary depending on the nature of the report; investigations would typically take a few weeks.

Can actions taken under this policy be appealed?

In general, actions related to CSAM content takedowns would not be appealable. However, if you have reported a user for potentially violating this policy and the designated team declines to act, or takes action you believe inadequate, this could typically be appealed through the mechanisms described in the Terms of Use.

How would this policy be modified?

The legal function of the hosting foundation would periodically review and update this policy as part of regular policy maintenance processes, following the adoption process described in the policies index.

Glossary

  • Child sexual abuse material (CSAM): any content that depicts sexually explicit activity involving a minor.
  • Minor: a person under the age of majority in their home country. For the purposes of the Platform, the age of majority in Switzerland is used, which is 18. In other countries the age may differ, which can impact the legality of your actions as they relate to minors.
  • Pedophilia: a paraphilia involving an attraction to pre-pubescent minors. This term is sometimes used colloquially as referring to anyone who abuses children, but its use as a clinical definition is much narrower.

See also