10 Amendments of Sebastian TYNKKYNEN related to 2024/0035(COD)
Amendment 63 #
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .
Amendment 72 #
Proposal for a directive
Recital 12
Recital 12
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. PaedophileDirective should include child sexual abuse instruction manuals. Child sexual abuse instruction manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised by this Directive. By lowering barriers and providing the necessary know-how, theychild sexual abuse instruction manuals contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.
Amendment 100 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Some information society services are intentionally operated with the main purpose of facilitating child sexual abuse or sexual exploitation offences. This should be established from the context of and motivation for offering the service, for example that the operator of the service is advertising it to facilitate child sexual abuse or sexual exploitation or that the service is specifically created for that purpose. The operator of such services cannot rely on the exemptions from liability provided for by Regulation (EU) 2022/2065 (the DSA). Merely offering encrypted transmissions or making the identification of the user impossible should not in itself qualify as facilitating illegal activities.
Amendment 115 #
Proposal for a directive
Recital 32
Recital 32
(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. Cross-border investigations must respect the principle of territoriality and be conducted in accordance with the national law of the Member States where the investigation takes place. Specifically, cross-border investigations must not weaken domestic human rights guarantees. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Child sexual abuse instruction manual’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;
Amendment 378 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article5a Offences concerning child sexual abuse manuals 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable. 2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years. 3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years. 4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years. 5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.
Amendment 415 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year. 2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).
Amendment 441 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 449 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6