Tag Archives: Child pornography

Safer Internet Programme 2005-2008

Outline of the Community (European Union) legislation about Safer Internet Programme 2005-2008

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Safer Internet Programme 2005-2008 (Safer Internet Plus)

Internet penetration is still growing considerably in the countries of the European Union (EU). Alongside this, potentially dangerous – especially for children – and illegal content is continuing to develop. The Safer Internet Plus programme has been adopted to promote safer use of the Internet and to protect the end-user against unwanted content.

Document or Iniciative

Decision No 854/2005/EC of the European Parliament and of the Council of 11 May 2005 establishing a multiannual Community Programme on promoting safer use of the Internet and new online technologies.

Summary

The Safer Internet Plus programme (2005-08) builds on the aim of its predecessor, the Safer Internet Action Plan (1999-2004), which was to foster the Internet-related industry while supporting safer use of the Internet and combating illegal and harmful content.

The new programme has been broadened in scope to include the new media (e.g. videos) and is explicitly designed to combat racism and also content unwanted by the end user (“spam”). It will focus more closely on end-users: parents, educators and children.

LINES OF ACTION

The activities undertaken under the programme are divided up into four lines of action.

Fighting against illegal content

Hotlines have been set up to allow members of the public to report illegal content. They pass the reports on to the appropriate body (an Internet Service Provider (ISP) or the police, for example) for action. The Safer Internet Action Plan (1999-2004) expanded the hotline network and gave it an international reach. In order for the hotlines to develop their full potential, however, it is necessary to ensure Europe-wide coverage and cooperation and to increase their effectiveness through exchange of information, best practice and experience.

The new programme is thus geared towards the following activities:

funding hotlines, so that they can act at national level and cooperate with other centres in the European network of hotlines;
supporting telephone helplines for children confronted with illegal and harmful content;
collection of qualitative and quantitative data on the establishment and operation of hotlines;
launching incentive measures to speed up the process of setting up hotlines, and developing codes of conduct;
setting up a coordination centre for the network to raise its visibility at European level, improve its operational effectiveness and promote exchanges of information and experience.

Tackling unwanted and harmful content

The programme provides funding for technological measures which enable users to limit the amount of unwanted and harmful content, and manage the spam they receive. This heading includes:

assessing the effectiveness of available filtering technology;
facilitating and coordinating exchanges of information and best practices;
increasing take-up of content rating and quality-site labels;
if necessary, contributing to the accessibility of filter technology, notably in languages not adequately covered by the market.

Use of technology to enhance privacy will be encouraged.

Promoting a safer environment

A fully functioning system of self-regulation is an essential element in limiting the flow of unwanted, harmful and illegal content. Self-regulation involves a number of components: consultation and appropriate representation of the parties concerned, codes of conduct, national bodies facilitating cooperation at Community level, and national evaluation of self-regulation frameworks.

To improve self-regulation in the sector, the Commission is providing national co-regulatory or self-regulatory bodies with the Safer Internet Forum as a platform for exchanging experience. The Forum was set up in 2004 under the Safer Internet Action Plan.

Its objectives are as follows:

to stimulate networking of the appropriate structures within Member States and developing links with self-regulatory bodies outside Europe;
to stimulate self-regulation on issues such as quality rating of websites, cross-media content rating, rating and filtering techniques, extending them to new forms of content such as online games and new forms of access such as mobile phones;
to encourage service providers to draw up codes of conduct;
to promote research into the effectiveness of rating projects and filtering technologies.

Awareness-raising

These measures are aimed at the various categories of unlawful, unwanted and harmful content. They take account of related questions such as consumer protection, data protection and information and network security (viruses, spam, etc.).

The programme provides support to appropriate bodies, selected following an open call for proposals to act as awareness-raising centres in each Member State and candidate country. European added value will be provided by a coordination centre, which will ensure that best practice is exchanged. The programme will concentrate on this aspect in particular.

PARTICIPATION

Participation in the programme is open to legal entities established in the Member States. It is also open to legal entities established in the candidate countries in accordance with bilateral agreements in existence or to be concluded with those countries.

Participation may be opened to legal entities established in EFTA States which are contracting parties to the EEA Agreement. It may also be opened, without financial support by the Community under the programme, to legal entities established in third countries and to international organisations, where such participation contributes effectively to the implementation of the programme.

FINANCING

A budget of EUR 45 million has been allocated to the programme for the period 2005-08, of which EUR 20 million is for 2005 and 2006. Nearly half the budget will be for awareness-raising measures.

OPERATION

The Commission is responsible for implementing the programme. The programme operates on the basis of calls for proposals published in the Official Journal of the European Union and on the Information Society portal of the European Commission’s website. The Commission evaluates projects proposed following calls for proposals with a view to Community financing.

LINKAGE WITH OTHER COMMUNITY PROGRAMMES

In implementing the programme, the Commission will ensure that it is generally consistent with and complementary to the other Community policies, programmes and actions, in particular the Community research and technological development programmes and the Daphné II, Modinis and eContentplus programmes.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision No 854/2005/EC [adoption: codecision COD 2004/0023]	11.6.2005	–	OJ C 017 of 11.6.2005

Related Acts

Communication of 18 February 2009 from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions – Final evaluation of the implementation of the multiannual Community Programme on promoting safer use of the Internet and new online technologies [COM(2009) 64 – Not published in the Official Journal].

The Communication reviews the achievements of the multiannual Safer Internal Plus (2005-2008) programme. The evaluators find that the objectives have been achieved. The programme has managed to adapt to changing needs and to include the new Member States in its scope, particularly within the INHOPE and INSAFE networks. Precious data have been collected, which has made it possible to improve safety on the Internet. Dialogue between stakeholders has been facilitated, mobile operators have been encouraged in their self-regulatory initiatives for the protection of minors.

The evaluation report recommends focusing in future on:

the protection and promotion of the rights and privacy of children;
active support for the programme from all actors on a national level;
co-operation and collaboration with third countries, particularly with regard to eradicating images of the sexual abuse of children;
taking into account the national, cultural, linguistic and sociodemographic factors of the new, candidate and accession countries;
strengthening the technical knowledge base;
a more active communication strategy;
knowledge enhancement, particularly on the online behaviour of young people;
revisiting the role of the two networks INHOPE and INSAFE with respect to the coordination of work;
improving the visibility of hotlines;
engaging more actively with industry.

Communication from the Commission of 6 November 2006 on the implementation of the multiannual Community Programme on promoting safer use of the Internet and new online technologies (Safer Internet plus) [COM(2006) 661 final – Not published in the Official Journal].

The report notes the main measures taken under the programme and highlights their positive impact on combating illegal content on the Internet:

creation of a European network of national hotlines enabling users to report illegal content on the web: a large number of calls were received by hotlines in 2005, which shows the importance of such a service in the fight against illegal content online;
organisation of a Safer Internet Day, which was well attended and received widespread media coverage in the Member States;
setting up national awareness centres, which are increasingly organising campaigns aimed at children, parents and teachers.

The Commission will continue its activities by endeavouring to:

consolidate and extend the geographical coverage of hotlines and awareness-raising networks;
foster close cooperation between all stakeholders in Safer Internet activities;
ensure wider distribution of practical information on safer use of the Internet;
increase European citizens’ awareness of the programme.

For further information, please consult the following websites:

Safer Internet Programme
INHOPE
INSAFE

Combating the sexual abuse and sexual exploitation of children and child pornography

Outline of the Community (European Union) legislation about Combating the sexual abuse and sexual exploitation of children and child pornography

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Combating the sexual abuse and sexual exploitation of children and child pornography

Document or Iniciative

Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children, and child pornography, replacing the Council Framework- Decision 2004/68/JHA.

Summary

This Directive harmonises throughout the European Union (EU) criminal offences relating to sexual abuse committed against children, the sexual exploitation of children and child pornography. It also lays down the minimum sanctions. The new rules also include provisions aimed at combating child pornography on-line and sex tourism. Furthermore, it aims to prevent paedophiles already convicted of an offence from exercising professional activities involving regular contact with children.

Offences and sanctions

Some twenty criminal offences are identified by the Directive divided into four categories:

sexual abuse, such as engaging in sexual activities with a child who has not reached the age of sexual consent or forcing them to submit to such activities with another person;
sexual exploitation, such as, for example, coercing a child to engage in prostitution or to participate in pornographic performances;
child pornography: , possessing, accessing, distributing, supplying or producing child pornography;
the solicitation of children on-line for sexual purposes: , proposing, via the Internet, to meet a child for the purpose of committing sexual abuse and, through the same means, soliciting the child to provide pornographic material of themselves.

At national level, the maximum terms of imprisonment must, at the least, meet certain thresholds ranging from one to ten years depending on the seriousness of the offence and depending on whether or not the child has reached the age of sexual consent. Incitement to commit an offence is also punishable.

A legal person may be held liable and sanctioned if the offence is committed for their benefit by a person who has decision-making powers. .

Several aggravating circumstances are provided for, specifically when the offence is committed against a particularly vulnerable child, or by a member of the child’s family, or where a person has abused a position of trust or authority, or also where the offender has previously been convicted of offences of the same nature

With regard to consensual sexual activities, the Directive leaves it to the discretion of Member States to decide whether or not certain practices are punishable where they involve persons who are close in age and in their degree of psychological and physical development or maturity, and which may be regarded as the normal discovery of sexuality.

Professional activities involving contact with children

In order to avoid any risk of recidivism, a person convicted for one of the offences defined by this Directive must be prevented from exercising employment involving direct and regular contact with children.. The employers concerned must be able to request information on the existence of a conviction or a disqualification from exercising this type of employment. This information must also be sent to other Member States in order to prevent a paedophile from taking advantage of the free movement of workers within the EU by working with children in another country.

Sex tourism

The organisation of trips aimed at committing acts of sexual abuse, sexual exploitation of children, and also child pornography, must also be banned. As these crimes often go unpunished in the countries where they took place, this Directive provides that Member States can try their citizens for offences of this type committed abroad.

Furthermore, along with their competency when an offence is committed on their territory or by one of their nationals, Member States may also extend their competency to offences committed abroad when the offender of the crime regularly resides in their territory, or if the offence has been committed on behalf of a legal person established in their territory, and also when the victim is one of their citizens.

Child pornography on the Internet

Member States must also ensure that child pornography sites hosted within their territory are promptly removed and must strive to remove those hosted abroad. Furthermore, under certain conditions regarding transparency and Internet user information, they have the possibility to block access to these sites in their territory.

Investigations, prosecutions and competencies

Investigations and prosecutions concerning offences must not solely depend on a report or accusation being made by the victim, and criminal proceedings must be able to continue even if that person has withdrawn his or her statement.. Furthermore, for the most serious offences, prosecutions must be possible for a sufficient period of time after the victim has reached the age of majority.

Assistance, support and protection for victims

In accordance with the provisions provided for by the Directive on the standing of victims in criminal proceedings, assistance and support must be provided to victims before, during and after criminal proceedings.. Child victims of sexual abuse, sexual exploitation or child pornography are considered as particularly vulnerable victims and must be treated in a manner which is most appropriate to their situation.

Specific protective measures will be taken, in particular, when the offender is a member of the child’s family. In addition, young victims must have, without delay, access to free-of-charge legal advice and representation, if required. Furthermore, the assistance and support provided must not depend on their willingness to cooperate in the investigation or the legal proceedings.

Prevention

Specific programmes aimed at reducing the risks of recidivism must be proposed to persons convicted or prosecuted for sexual offences against children. These persons must also be assessed to determine the danger they pose and the risks of recidivism.

Context

This Directive replaces Framework-Decision 2004/68/JHA. Given that some victims of human trafficking are also child victims of sexual abuse or sexual exploitation, this Directive also supplements the Directive on preventing and combating trafficking in human beings.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2011/93/EU	17.12.2011	18.12.2013	OJ L 335 of 17.12.2011

Combating the sexual exploitation of children and child pornography

Outline of the Community (European Union) legislation about Combating the sexual exploitation of children and child pornography

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Combating the sexual exploitation of children and child pornography

The purpose of this Framework Decision is to approximate the laws and regulations of the Member States in relation to police and judicial cooperation in criminal matters, so as to combat the sexual exploitation of children and child pornography. It introduces a framework of common provisions on criminalisation, sanctions, aggravating circumstances, assistance to victims and jurisdiction.

Document or Iniciative

Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography.

Summary

This Framework Decision lists a number of behaviours which as offences related to the sexual exploitation of children are to be considered illegal:

coercing a child * into prostitution or profiting from or otherwise exploiting a child for such purposes;
engaging in sexual activities with a child, where use is made of coercion, force or threats, money or other forms of remuneration or consideration are given as payment in exchange for the child engaging in sexual activities, or abuse is made of a recognised position of trust, authority or influence over the child.

The following is deemed to be punishable conduct that constitutes an offence related to child pornography *, whether undertaken by means of a computer system * or not:

production of child pornography;
distribution, dissemination or transmission of child pornography;
supplying or making available child pornography;
acquisition and possession of child pornography.

Each Member State is obliged to take the necessary measures to ensure that instigation of one of the aforementioned offences and any attempt to commit the prohibited conduct is punishable.

Each Member State must make provision for criminal penalties which entail imprisonment for at least one to three years. For certain offences committed in aggravating circumstances, the penalty must entail imprisonment for at least five to ten years. The Framework Decision provides a list of aggravating circumstances, which does not preclude the recognition of other circumstances under national law:

the victim is a child below the age of sexual consent under national law;
the offender has deliberately or by recklessness endangered the life of the child;
the offences involve serious violence or caused serious harm to the child;
the offence has been committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA.

Each Member State may take measures to ensure that a natural person, i.e. an individual, convicted of one of the aforementioned offences be prevented from exercising professional activities related to the supervision of children.

In addition the Framework Decision establishes the criminal and civil liability of legal persons *. This liability is complementary to that which is borne by natural persons. A legal person is deemed to be liable if an offence is committed for its benefit by another person who acts individually or as part of an organ of the legal person, or who has decision-making powers.

Sanctions on legal persons must include criminal or non-criminal fines and other sanctions such as temporary or permanent disqualification from the practice of commercial activities, a judicial winding-up order or exclusion from entitlement to public benefits or aid.

To prevent a crime from going unpunished because of a conflict of jurisdiction, the Decision establishes criteria for determining jurisdiction. A State has juridisction if:

the offence is committed within its territory (territoriality principle);
the offender is a national of that Member State (active personality principle);
the offence is committed for the benefit of a legal person established in the territory of that Member State.

A State that refuses to extradite its nationals must take the necessary measures to prosecute them for offences committed outside its territory.

Each Member State must establish programmes of assistance for the victims and their family in accordance with Framework Decision 2001/220/JHA.

Background

Since the Council adopted a Joint Action in 1997 on combating human trafficking and the sexual exploitation of children, the number of initiatives being taken has increased at both national and regional levels. The aim of the Framework Decision is to regulate certain aspects of criminal law and procedure more stringently, so as to complement other related instruments, such as those provided for in Joint Actions 2008/976/JHA and 96/277/JHA, the Decision on combating child pornography on the Internet, and the Safer Internet and Daphne Programmes.

Key terms used in the act
Child: anyone below the age of 18 years. Child pornography: pornographic material that visually depicts or represents a real child involved or engaged in sexually explicit conduct, including lascivious exhibition of the genitals or the pubic area of a child, or a real person appearing to be a child involved or engaged in such conduct, or realistic images of a non-existent child involved or engaged in such conduct. Computer system: any device or group of inter-connected or related devices, one or more of which, pursuant to a programme, perform automatic processing of data. Legal person: any entity having such status under the applicable law, except for States or other public bodies in the exercise of State authority and for public international organisations.

Key terms used in the act

Child: anyone below the age of 18 years.
Child pornography: pornographic material that visually depicts or represents a real child involved or engaged in sexually explicit conduct, including lascivious exhibition of the genitals or the pubic area of a child, or a real person appearing to be a child involved or engaged in such conduct, or realistic images of a non-existent child involved or engaged in such conduct.
Computer system: any device or group of inter-connected or related devices, one or more of which, pursuant to a programme, perform automatic processing of data.
Legal person: any entity having such status under the applicable law, except for States or other public bodies in the exercise of State authority and for public international organisations.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Council Framework Decision 2004/68/JHA [adoption: consultation CNS/2001/0025]	20.1.2004	20.1.2006	OJ L 13 of 20.1.2004

Related Acts

Report from the Commission based on Article 12 of Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography [COM(2007) 716 final – Not published in the Official Journal].
This report concludes that most Member States have adopted the necessary measures to comply with the provisions of the Framework Decision on combating the sexual exploitation of children and child pornography. The Commission notes the need to revise the Framework Decision, in particular to deal with offences related to developments in electronic communications technologies.