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EU members consider keeping rules on detecting child porn

04-12-2023

European Union

CNE.news

Young Philippine participants take part in a rally denouncing child pornography in Manila. Photo AFP, Luis Liwanag

Distributors who spread child porn may be impunable after the summer, the European Commission warns. To avoid this, EU countries must decide about extending a regulation that allows tech companies to detect and remove images of sexual abuse of children.

The current regulation expires in the summer of 2024, the Duch daily Reformatorisch Dagblad writes. However, if nothing is done, the European Commission fears that there will no longer be a judicial ground for hunting down child pornography. That would mean that creators and watchers of the material would be able to get away with sharing images or seducing children online. In extreme cases, this would even lead to impunity, the Commission worries. It points out that the amount and severity of abuse is increasing.

The European Commission proposed to extend the above-mentioned regulation to 2026. If that happens, the images that have been found thus far will remain valid in criminal cases.

Privacy

The real solution to avoid impunity is a general EU regulation. However, it seems to be hard to find a text that both the European Parliament and the EU member states agree on. The main problem with this is the dilemma between security and privacy. Combating and detecting child abuse often comes with a violation of privacy laws, for example, when the Internet and chats must be systematically searched or encrypted information must be decrypted.

Last month, a working group of the European Parliament approved a draft text that only allows such deep searches if someone is already suspected of being involved in child abuse. Usually, the Parliament adopts such a document soon.

The EU member states are debating the problem again this week. They, too, struggle with finding the right balance between detecting abuse and protecting the privacy of their citizens.

Platforms

Last year, the European Commission already proposed a new law to help member states detect online child abuse and report it, prevent sexual abuse of children and help victims. The Commission wants to force online platforms to report sexual abuse of children and warn the authorities so that perpetrators can be prosecuted. The European Parliament must still consider the proposal.

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