30 Amendments of Frances FITZGERALD related to 2022/0155(COD)
Amendment 47 #
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Over the last 20 years there has been a dangerous rise in child sexual abuse material (CSAM) following the growing technological development and connectivity. The cases of online CSAM and the frequency of grooming activities, targeting younger children and especially girls, is increasing drastically 1a. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children. The reporting of suspected online child sexual abuse rose alarmingly by 35% in 2021, compared with the cases in 2020. Such an increase is observed in child grooming as well, where perpetrators approach children online in order to convince them to produce sexual material of themselves and share it online, usually in live streaming. CSAM crime is not only growing in scale, but it is also becoming more severe, as ever-younger children are being exploited1b. The average age of first exposure among 18- year-old respondents was 12.7 years old, almost a full year younger than the average age of first exposure among 20- year-old respondents (13.4 years), likely linked to the rising access to the internet over the past decade. This suggests that, over the past five years, the average age at which children are first exposed to sexually explicit content and online sexual harms has continued to drop1c.Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children. Digital services, from social media to interactive games, can expose children to risks such as unsuitable content, bullying, grooming, or child sexual abuse, which are just some of the types of child sexual abuse online. _________________ 1a EPRS briefing, December 2022,'Combating child sexual abuse online' 1b EPRS briefing, December 2022,'Combating child sexual abuse online' 1c We protect global alliance organisation- global survey 2023 https://www.weprotect.org/economist- impact-global-survey
Amendment 51 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 55 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
Amendment 66 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 69 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Prevention plays a very significant role. Member States should ensure that they address the problem of online solicitation of children by providing efficient tools and materials for their digital education. Children should be given the necessary digital skills at home and in school in order to fully benefit from all the fields of the digital world, whilst ensuring their safety in the cyber sphere. The role of the parents is crucial. Parents should firstly be able to control and adequately supervise the children's behaviour in their online devices and advise them on safe online surfing; secondly they should be able to recognise children’s behaviours that result from sexual abuse online and preventing, if the case, potentially dangerous developments. Additionally, targeted cooperation with online platforms for awareness raising age appropriate and gender-targeted campaigns, tailored to the specific needs and interests of the children, can complement and help the education and guidance of the parent and children.
Amendment 71 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) Fighting these brutal crimes, both online and in the real world, is a fundamental priority. In addition, it is essential to establish a fair balance between measures to protect child victims of sexual abuse and their fundamental rights and the protection of personal data, private and family life, freedom of expression and information. No child image should be subject to the production of illegal content and no child should be re-victimised by the sharing or repeated dissemination of child sexual abusive material which may reach extreme level in cases of so-called 'highly traded' material. The EU Centre and Coordinating Authorities should ensure the protection and support of the victims concerned when dealing with such requests from cases of highly traded child sexual abuse material.
Amendment 73 #
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) The regulatory measures to address the dissemination of CSAM online shall be complemented by EU wide campaigns coordinated by the EU Center and the Coordinating Authorities of the Member States. Those campaigns shall include increasing public information and awareness of the phenomenon, seeking child-friendly and age-appropriate reporting, as well as informing about victims rights. Children need to be educated in a child friendly and child sensitive way, for the risks hidden of taking pictures or recording videos and sharing intimate pictures of themselves. An age appropriate comprehensive sexual education is thus very important in order to help children develop their understanding on what constitute a healthy relationship at an early age.
Amendment 116 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. The holders of parental responsibility for the victims or the legal guardians of the victims should have equal legal standing to exercise victim's rights when the victim is not able to do so, due to age or other limitations. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. Such assistance should be tailored to the specific vulnerabilities of the victims, such as age, or disability, in a gender sensitive way. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities.
Amendment 132 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.The EU Center will nominate a Victims' Consultative Forum, which would provide specialised advice to the EU Center on victims-related issues.
Amendment 138 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The Victims' Consultative Forum should be the EU Center's advisory body and support its work. Its principle function should be to provide independent advice through expertise knowledge, deriving from victims of sexual abuse online and taking into account the views of the children that will be consulted as well, in a child-friendly and child- sensitive manner on relevant issues.
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
Amendment 147 #
- ‘victim’ means the child or person having suffered harm caused after being subject to ‘child sexual abuse material’ or ‘solicitation of children’ or ‘online sexual abuse’ or ‘child sexual abuse offences’;
Amendment 388 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 393 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the person making the request. The transmission of the request shall be made with due regard to the protection of the identity and the privacy of the victim, together with measures for the protection of the privacy and the images of their family members, in a victim sensitive or age-appropriate and gender-sensitive way. Such protection is particularly important for child victims and includes non- disclosure of the name of the child. A child-sensitive approach, taking due account of the child's age, maturity, views, needs and concerns, shall prevail. The child and the holder of parental responsibility or other legal representative, if any, shall be informed of their rights as victims. The Coordinating Authority shall also provide information to victims, regarding access to specialist support services available.
Amendment 403 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, to personvictims or the holders of parental responsibility for the victims or the legal guardians of the victims residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider acting in the best interest of the child.
Amendment 408 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 421 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated. The Coordinating Authority shall contribute with relevant information and material for the promotion of targeted child- sensitive awareness raising or education campaigns for children as well for adults about the risks of online child sexual abuse. Such contribution shall be based on the expertise and the feedback from the EU Centre and shall be made with a gender- sensitive perspective.
Amendment 452 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant sex disaggregated information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;
Amendment 461 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point d
Article 43 – paragraph 1 – point 4 – point d
(d) providing information, assistance and support to victims in accordance with Articles 20 and 21;
Amendment 470 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims in a gender sensitive and age specific way, including by serving as a hub of expertise to support evidence-based policy;
Amendment 471 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(ba) contributing to awareness raising campaigns that are gender-targeted within the European Union and among Member States.
Amendment 472 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
(bb) facilitating the exchange of best practices among Coordinating Authorities. All those tasks shall be performed in the best interests of the children.
Amendment 473 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b c (new)
Article 43 – paragraph 1 – point 6 – point b c (new)
(bc) supporting the production of age- appropriate and gender-sensitive educational material.
Amendment 484 #
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The EU Centre shall collect, record, analyse and make available relevant, objective, reliable and comparable information on matters related to the prevention and education or awareness raising campaigns for combating of child sexual abuse, in particular:
Amendment 491 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations, public authorities and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be designed based on the latest information available, formulated together with specialised experts or psychologists, adapted to the children and in a way that is easy to understand for the children. Those campaigns will take into account the advice of the Victims' Consultative Forum.
Amendment 511 #
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, the Victims' Consultative Forum and of any other advisory group it may establish for serving its purposes;
Amendment 515 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members. The Management Board may invite the members of the Victims' Consultative Forum at least twice a year.
Amendment 527 #
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Article66a Establishment and tasks of the Victims’ Consultative Forum 1. The EU Centre shall establish a Victims' Consultative Forum to assist it by providing it with independent advice on victims related matters. The Consultative Forum will act upon request of the Management Board or the Executive Director of the EU Centre. 2. The Victims' Consultative Forum shall consist of a maximum of fifteen members. Members of the Victims' Consultative Forum shall be appointed by the Management Board and will be called to provide advice at least twice per year. They will include victims of child sexual abuse and exploitation, both online and offline, as well as representatives of organisations acting in the public interest against child sexual abuse and promoting victims’ rights. They shall be appointed following the publication of a call for expression of interest in the Official Journal of the European Union. 3. The Victims' Consultative Forum shall: a) provide the Management Board and the Executive Director with advice on matters related to victims on an age and gender -appropriate manner; b) contribute to the EU Centre communication strategy referred to in Article 50(5); c) provide its opinion and expertise on the technologies used to detect online child sexual abuse regarding their relevance to the conditions in which child sexual abuse is committed; d) maintain an open dialogue with the Management Board and the Executive Director on all matters related to victims, particularly on the protection of victims’ rights, taking into account specific factors such as the age, gender and disability of victims; e)gather, including through consultation and participation of children, the views and perspectives of children on specific issues of relevance; f) contribute to the EU wide raising awareness campaigns by providing related material and information.
Amendment 529 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs, including the operating costs of the Technology Committee, the Victims' Consultative Forum and of any other advisory group it may establish for serving its purposes.
Amendment 535 #
(c) the total number of items of child sexual abuse material when possible age and sex disaggregated that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;