Changes from report parliamentary committee draft to plenary report

The dissemination of child sexual abuse material has exponentially grown over the last decade. The increased online presence of children and the latest technological developments have acted as catalysts for this surge. Digital tools and networks such as livestreaming, virtual worlds, and deep-fake images have created new opportunities for offenders to generate and distribute material while hiding their identities and evading investigation and prosecution. These developments are underscored by alarming statistics. The National Center for Missing and Exploited Children (NCMEC), a United States-based non-profit organization, witnessed a surge in worldwide reports of online child sexual exploitation from 1 million in 2010 to over 21.7 million in 2020. The figures skyrocketed to a record high of 29.3 million reports in 2021 during the pandemic, involving nearly 85 million images and videos. In 2022, the number of reports reached over 32 million, with NCMEC identifying 49,000 urgent reports involving a child in imminent danger.

The proposed recast of the directive on preventing and combating child sexual abuse represents a crucial step forward in addressing this heinous crime systematically within the European Union. The expansion and clarification of the definition of child sexual abuse material, to include AI-generated images and instruction manuals on how to sexually abuse children, represents a much-needed step forward. This draft report aims to improve and strengthen this highly welcomed proposal for a Directive. Key aspects necessary for the effective implementation of the directive include the following:

 It is imperative that this directive be closely aligned with the corresponding regulation laying down rules to prevent and combat child sexual abuse. The simultaneous entry into force of both instruments is essential for cohesive and comprehensive action against child sexual abuse. For instance, the new EU Centre, which is to be established by the pending regulation, is also pivotal for the implementation of this directive, underscoring the interdependence of these legislative measures.

 Another focus needs to be on enhancing cross-border cooperation among all relevant stakeholders. Strengthened collaboration between competent national authorities, Eurojust, Europol, and the EU Centre is essential in combating child sexual abuse effectively.

 Moreover, investigations into the solicitation of children need to be strengthened, and the mental and physical conditions of children must be taken into account.

 In addition to this, the limitation periods need to be extended to ensure prosecution of all crimes and give victims time to come forward.

 Furthermore, there is a need to systematically improve cooperation between law enforcement and NGOs working in this field. Providing a legal framework for the work of hotlines and other organizations working in the public interest, and allowing them to initiate notice and takedown procedures directly with service providers, is crucial to limit the dissemination of child sexual abuse material in our digital world in a quicker and more efficient way.

 The Directive aims to ensure that all Member States uphold the principles prescribed by the Barnahus model, involving a comprehensive and child-centred approach to investigations and victim support. A child-centred approach should also encompass easily accessible avenues for victims to report crimes without necessitating a formal criminal complaint, as the latter may deter victims from taking action.

 It is also important to consider the age of the victim as an aggravating circumstance and to ensure that penalties for child rape are not reduced because the victim happened to be over the age of sexual consent.

 Additionally, the terminology needs to be updated in accordance with guidelines set out by the interagency working group in Luxembourg in 2016, ensuring clarity and consistency in legal frameworks.

 Finally, the draft report emphasizes the need to support and enhance reporting mechanisms, facilitating the reporting of child sexual abuse cases and ensuring swift and effective action against perpetrators.

In conclusion, the proposed amendments outlined in this draft report are crucial for bolstering the EU's efforts to prevent and combat child sexual abuse, safeguarding the rights and well-being of children across the Union.