46 Amendments of Pascale PIERA
Amendment 52 #
2024/0035(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Sexual abuse and sexual exploitation of children, including child sexual abuse material , are barbaric acts that cause huge suffering to victims. They shock and outrage society by targeting the most innocent and vulnerable in its midst, who represent its future. From a legal perspective, they constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. _________________ 2 OJ C 364, 18.12.2000, p. 1.
Amendment 66 #
2024/0035(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. The term 'realistic' should thus be used for images that, due to their sophistication or resemblance to real persons, blur the boundaries between real and fictitious situations. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.
Amendment 79 #
2024/0035(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalisedregarded as an aggravating circumstance of the offence itself.
Amendment 84 #
2024/0035(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to respect Member States' freedom in criminal matters, this directive should not directly stipulate the level of penalties applicable to each offence, but should simply establish the minimum thresholds for these penalties. Member States may thus decide to set identical or higher upper limits for penalties, and lower, identical or higher lower limits for penalties.
Amendment 89 #
2024/0035(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In the context of child sexual abuse material , the term 'not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. .
Amendment 94 #
2024/0035(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child to the extent that it affects them physically, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off- line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.
Amendment 104 #
2024/0035(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). To this end, the age difference between peers above the age of sexual consent should be limited to 3 years.
Amendment 110 #
2024/0035(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time, without prejudice to Member States' ability to establish an even longer statute of limitations.
Amendment 114 #
2024/0035(COD)
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. It is essential, however, to ensure that the authorities responsible for investigating and prosecuting these offences do not, in this context, engage in actions that would themselves be offences, such as incitement, abetting or providing instructions explaining how to make contact with children, or conduct that could alter the material and intentional aspects of the offence, and thus risk jeopardising the outcome of prosecutions. 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 133 #
2024/0035(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16, should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. As it is established and governed by the regulation laying down rules to prevent and combat child sexual abuse, its activities and missions should be governed by the regulation alone. However, this directive should refer to it as often as necessary in order to ensure coordination between the two legal texts. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. _________________ 16 COM (2022) 209 of 11.5.2022.
Amendment 146 #
2024/0035(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics that take into account, in particular, the different limits for defining criminal offences, and carry out research into the scope of a consistent definition (perpetrator and victims of specific ages or with a specific age gap) versus a variable definition (identical legal classification despite different age limits). The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.
Amendment 147 #
2024/0035(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Child sexual abuse material is a specific type of content which cannot be construed as the expression of an opinionby its very nature does not fall within the scope of ideas or opinions whose communication and expression are protected. To combat it, it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web. Action is therefore necessary to remove the content and apprehend those guilty of making, distributing or downloading child sexual abuse material . With a view to supporting the Union’s efforts to combat child sexual abuse material , Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers within their territory.
Amendment 149 #
2024/0035(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 197 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'realistic images' means any image whose sophistication or resemblance to real persons could lead one to believe that it is authentic;
Amendment 220 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘'peers’' means persons who have an age difference of no more than 3 years and who are close in age and degree of psychological and physical development or maturity.
Amendment 232 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable.
Amendment 245 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities involving just the child or with another person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 268 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities on their own or with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 283 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the actthe act is committed through violence, coercion, threat or surprise, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.
Amendment 288 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8a. Engaging in the intentional conduct referred to in paragraphs 7 and 8, where: (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 15 years;or (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 15 years;or (c) use is made of coercion, force or threats, shall be punishable by a maximum term of imprisonment of at least 15 years.
Amendment 289 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 345 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly and habitually obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.
Amendment 365 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allowre limited to some or all of the following activities to:
Amendment 373 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – point d
Article 5 – paragraph 8 – point d
d. carry out searches onfind out about publicly accessible child sexual abuse material on hosting services to detect the dissemination of child sexual abuse material, by carrying out searches, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.
Amendment 380 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that the following intentional conduct committed by an adult or by a peer is punishable as follows :
Amendment 389 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) andor Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 440 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 454 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. CFor the purpose of paragraphs 1 to 4, consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.
Amendment 536 #
2024/0035(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shall exempt professionals working in the health care sectorsersons working in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.
Amendment 553 #
2024/0035(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that, with due regard to the fact that reporting an act which may constitute a criminal offence and participating in a criminal proceeding under this Directive does not create any rights regarding the residence status of the victim, or have any suspensive effect when determining their residence status, the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.
Amendment 579 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall bMember States shall take the necessary measures to ensure that victims are 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.
Amendment 585 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. WMember States shall take the necessary measures to ensure that, where it is necessary to provide for interim accommodation, children shallare, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.
Amendment 591 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. VMember States shall take the necessary measures to ensure that victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26. _________________ 26 COM(2022) 105 of 08.03.2022.
Amendment 638 #
Amendment 643 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have athe right to claim compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.
Amendment 660 #
2024/0035(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 (new)
Article 24 – paragraph 2 – subparagraph 1 (new)
These national authorities may be the authorities established under Article 25 of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse].
Amendment 664 #
2024/0035(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 679 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. TMember States shall take appropriate measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as. These measures may involve education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .
Amendment 690 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities, with strict regard, in the latter case, for the specific nature of their activity and the national legislation applicable to religious practice.
Amendment 694 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, or sports clubs or religious communities.
Amendment 705 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 723 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 5 – point c
Article 29 – paragraph 5 – point c
(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal, those consequences being regulated by the Member States in order to ensure that the consent given complies with Article 7 of the General Data Protection Regulation39 a. _________________ 39 a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Amendment 730 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Pursuant to the conditions laid down in Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.
Amendment 737 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Pursuant to the conditions laid down in Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.
Amendment 744 #
2024/0035(COD)
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The EU Centre shall support Member StatesMember States shall receive support from the EU Centre in the data gathering referred to in paragraph 2, including by promoting the development of common voluntary standards on counting units, counting rules, common disaggregations, constant or variable disaggregation, reporting formats, and on the classification of criminal offences.
Amendment 745 #
2024/0035(COD)
Proposal for a directive
Article 31 – paragraph 6
Article 31 – paragraph 6
6. Member States shall transmit the statistics to the EU Centre and the Commission (Eurostat) and make the collected statistics available to the public on an annual basis. The EU Centre shall compile the statistics and make them publicly available. The statistics shall not contain personal data.