23 Amendments of François-Xavier BELLAMY related to 2024/0035(COD)
Amendment 54 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Pursuant to the Convention on the Rights of the Child, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, the best interests of the child is a primary consideration when taking measures which aim to protect children from being exposed to pornographic content.
Amendment 57 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The risk that children could be exposed to pornographic content, such as cyber-grooming, sexual solicitation, online child abuse and exploitation, and the detrimental impact such exposure has on the physical, psychological and emotional development of a child has already led certain Member States to amend their criminal law to explicitly criminalise the dissemination of pornographic content to children. The lack of harmonisation in that regard creates an uneven level of protection across the Union and difficulties in law- enforcement. It is important that children are protected equally across the Union.
Amendment 82 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to achieve greater protection for children online and to reinforce preventive measures, which are at the core of this Directive, exposing children to pornographic content should be criminalised. Member States should criminalise not only the intentional exposure of a child to pornographic content by an adult where the aim is to abuse the child, but also the situation where a child is exposed to pornographic content due to fact that an Internet provider or an online platform, in particular a platform primarily used for the dissemination of pornographic content to the public, has not put in place necessary measures to prevent children from accessing pornographic content online. In deciding whether an Internet provider or an online platform is accountable or liable for knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child, the intentional nature of the offence could be deduced from the absence of the robust and effective age verification measures or from non- compliance by the Internet provider or online platform with the obligations set out in Regulation (EU) 2022/20651a, in particular Article 28 and in Directive (EU) 2010/13/EU1b, in particular Articles 6a and 28b. _________________ 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). 1b Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 83 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) For the purposes of this Directive, the expression ‘knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child’ should be understood as the absence of measures preventing children from accessing pornographic content, such as robust and effective age verification tools that are secure and respectful of the privacy of users’ data. A simple declaration of a person indicating his or her age does not amount to a robust and effective age verification tool. It should be within the discretion of Member States to set out the minimum technical requirements that are to be met by the age verification systems of online platforms primarily used for the dissemination to the public of pornographic content to the public. Member States should ensure that relevant law enforcement bodies systematically monitor whether age verification tools are in place.
Amendment 124 #
Proposal for a directive
Recital 36
Recital 36
(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles and put in place age- appropriate, multi-disciplinary and integrated child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The child's right to be heard and to participate meaningfully should be prioritized, ensuring that their views are heard and respected throughout the process.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘pornographic content’ means printed or online material that explicitly describes or displays real or simulated sexually explicit conduct or that depicts in any way sexual organs primarily for sexual purposes.
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Exposing a child to pornographic content, including by means of information and communication technology, for the purpose of committing any of the offences referred to in paragraph 3 of this Article and in Article 5(6), shall be punishable by a maximum term of imprisonment of at least 3 years.
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. Knowingly disseminating pornographic content in such a way that it is likely to be accessed by a child shall be punishable by a maximum term of imprisonment of at least 1 year.
Amendment 303 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.
Amendment 331 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Coercing or forcing a child to share intimate material depicting the child, other child sexual abuse material to obtain money or any other benefit, as well as coercing or forcing a child to share child sexual abuse material eunder the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 370 #
Proposal for a directive
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform;
Amendment 469 #
Proposal for a directive
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(j a) the offence was committed due to a motive based on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation as per Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 572 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family, in line with the best interest of the child.
Amendment 578 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.
Amendment 589 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to their mental or physical disabilities in line with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] of the proposed Recast Victims’ Rights Directive (2023/0250).
Amendment 596 #
Proposal for a directive
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to abusive material depicting them hosted or disseminated in the EU. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.
Amendment 597 #
Proposal for a directive
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7 a. Child victims shall have the right to receive, upon their request and on an opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU. Member States shall take specific measures to ensure victims are informed about the potential impact of this request and have access to assistance and support throughout the process.
Amendment 614 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family. All authorities involved in the proceedings should be trained in child friendly justice.
Amendment 628 #
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings. Member States shall ensure these measures apply to all children, including those alleged as, accused of or convicted of a crime. who are suspects or accused persons in criminal proceedings in line accordances with the safeguards set out in Directive Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
Amendment 661 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
The EU Centre for Child Protection, once established, shall support national authorities in carrying out the activities listed in this article.
Amendment 729 #
Proposal for a directive
Article 30 – title
Article 30 – title
Measures against websites containing or disseminating child sexual abuse material or making pornographic content available to children
Amendment 742 #
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. Member States may take the necessary measures to block access to online platforms and Internet providers knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child.