53 Amendments of Sabine VERHEYEN related to 2010/0064(COD)
Amendment 79 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse matThe depiction of sexual acts involving persons below the age of 18 years constitutes a type of content whose production, possession, dissemination, duplication or purchase is not safeguarded with reference to fundamental rights. The use of the term ‘depiction of sexual acts’ is intended to widen the concept of abuse to coveri al by making it more difficult for offenders to upload such contentl sexual acts involving persons below the age of 18 years, even in cases where the latter are forced to perform the acts onto the publicly accessible Webmselves. Action is therefore necessary to remove the content at source and apprehends quickly as possible and apprehend and subject to the due process of law those guilty of making distributing or downloading child abuse imagessuch content. The EU, in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union’s territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers ondepictions of sexual acts involving persons below the age of 18 years, which are hosted in their territory. Cooperation with the International Association of Internet Hotlines (INHOPE) should be stepped up. In order to a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of workid duplication of work, cooperation between public authorities should be established and strengthened. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 91 #
Proposal for a directive
Recital 3
Recital 3
(3) Council Framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography approximates Member States’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation, to extend domestic jurisdiction, and to provide for a minimum level of assistance for victims. Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings establishes a set of victims' rights in criminal proceedings, including the right to protection and compensation. Moreover, the coordination of prosecution of cases of sexual abuse, sexual exploitation of children and child pornographypersons below the age of 18 years and the depiction of sexual acts involving them will be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings.
Amendment 92 #
Proposal for a directive
Recital 5
Recital 5
(5) Serious criminal offences, such as the sexual exploitation of children and child pornographyabuse and the sexual exploitation of persons below the age of 18 years and the depiction of sexual acts involving persons below the age of 18 years, require a comprehensive approach covering the prosecution of offenders, the protection of child victims below the age of 18 years, and prevention of the phenomenon. The child's best interests of victims below the age of 18 years must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of the Child. Framework Decision 2004/68/JHA should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose.
Amendment 96 #
Proposal for a directive
Recital 6
Recital 6
(6) Serious forms of child sexual abuse and sexual exploitation should be subject to effective, proportionate and dissuasive sanctions. This includes, in particular, various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology. The new forms of sexual abuse, which are only made possible in the first place by this technology, should be subject to effective penalties which reflect the seriousness of the offences involved. The definition of child pornography should also be clarified and brought closer to that contained in international instruments.
Amendment 105 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Since criminal law systems are an integral aspect of the legal order of each individual Member State, Member States shall take the necessary measures to ensure that the forms of intentional conduct referred to in paragraphs 2 to 5 is punishabledescribed below are laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child person who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at leastconstitute conduct as referred two yearsin paragraph 1.
Amendment 108 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such contentThe depiction of sexual acts involving persons below the age of 18 years constitutes a type of content whose making, dissemination, reproduction or purchase are not protected as fundamental rights. The use of the term 'depiction of sexual acts' is intended to widen the concept of abuse to cover all sexual acts involving persons below the age of 18 ears, even in cases where the latter are forced to perform the acts onto the publicly accessible Webmselves. Action is therefore necessary to remove the content at source and apprehends quickly as possible and to apprehend and subject to the due process of law those guilty of making, distributing or downloading child abuse imagessuch content. The EU, in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union’s territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers ondepictions of sexual acts involving persons below the age of 18 years, which are hosted in their territory. Cooperation with the International Association of Internet Hotlines (INHOPE) should be stepped up. In order to a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of workid duplication of work, cooperation between public authorities should be established and strengthened. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 109 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Engaging in sexual activities with a childperson who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five yearsconstitute conduct as referred to in paragraph 1.
Amendment 111 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a childperson below the age of 18, where: (i) 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 eight yearsperson; or (ii) abuse is made of a particularly vulnerable situation of the childperson, notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years; or (iii) use is made of coercion, force or threats, shall be punishable by a maximum term of imprisonment of at least ten yearsconstitute conduct as referred to in paragraph 1.
Amendment 113 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Coercing a childperson under the age of 18 years into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten yearsconstitute conduct as referred to in paragraph 1.
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Since criminal law systems are an integral aspect of the legal order of each individual Member State, Member States shall take the necessary measures to ensure that the forms of intentional conduct referred to in paragraphs 2 to 11 is punishabledescribed below are laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing a childperson below the age of 18 to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at leastconstitute conduct as referred two yearsin paragraph 1.
Amendment 122 #
Proposal for a directive
Article 2 – point d – point i
Article 2 – point d – point i
(i) of a childperson below the age of 18 years engaged in real or simulated sexually explicit conduct; or
Amendment 123 #
Proposal for a directive
Article 2 – point d – point ii
Article 2 – point d – point ii
(ii) any depiction of the sexual organs of a childperson below the age of 18 years for primarily sexual purposes;
Amendment 125 #
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 11 is punishable in a manner which reflects the seriousness of the offences involved. Since the offences in question constitute extremely serious assaults on persons below the age of 18 years, they must be properly defined in the Member States' criminal codes.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Profiting from or otherwise exploiting a childperson under the age of 18 years participating in pornographic performances shall be punishable by a maximum term of imprisonment of at leastconstitute conduct as referred two yearsin paragraph 1.
Amendment 130 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at leastpersons under the age of 18 years shall constitute conduct as referred two yearsin paragraph 1.
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child pornographydepictions of sexual acts involving persons below the age of 18 years shall be punishable by a maximum term of imprisonment of at least one year.
Amendment 136 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child pornographydepictions of sexual acts involving persons below the age of 18 years shall be punishable by a maximum term of imprisonment of at least one year.
Amendment 136 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Recruiting a childperson below the age of 18 to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five yearsconstitute conduct as referred to in paragraph 1.
Amendment 138 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child pornographydepictions of sexual acts involving persons below the age of 18 years shall be punishable by a maximum term of imprisonment of at least two years.
Amendment 139 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child pornographydepictions of sexual acts involving persons below the age of 18 years shall be punishable by a maximum term of imprisonment of at least two years.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least fivAny individual who causes a person below the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange, regardless of whether this payment, promise or consideration is made to the person below the age of 18 years or to a third party, shall be guilty of intentional conduct within the ymearsning of paragraph 1.
Amendment 140 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child pornographydepictions of sexual acts involving persons below the age of 18 years shall be punishable by a maximum term of imprisonment of at least five years.
Amendment 142 #
Proposal for a directive
Article 6 – title
Article 6 – title
Solicitation of childrenpersons below the age of 18 years for sexual purposes
Amendment 145 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that the instigation of, aiding and abetting to commit any of the offences referred to in Articles 3 to 6 is punishableare laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall take the necessary measures to ensure that attempts to commit any of the offences referred to in Article 3 (3) to (5), and (2) with regard to witnessing sexual abuse; Article 4 (2) to (3) and (5) to (11); and Article 5 (2) and (4) to (6) is punishableare laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 148 #
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that the following forms of intentional conduct are punishablelaid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness:
Amendment 149 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. EAny individual who engaginges in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least fivperson below the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration, regardless of whether this payment, promise or consideration is made to the person below the age of 18 years or to a third party, shall be guilty of intentional conduct within the ymearsning of paragraph 1.
Amendment 150 #
Proposal for a directive
Article 8
Article 8
The provisions of Article 3 (2), with regard to witnessing sexual activities, and (3); Article 4 (2) and (4) and Article 5 do not govern consensual sexual activities between childrenpersons at least one of whom is below the age of 18 years or involving persons who are closesimilar in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse.
Amendment 152 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where at least one of the aggravating circumstances referred to in paragraph 1 are present, Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 6 are punishable by effective, proportionate and dissuasive penalties which are more severe penalties than those foreseen in Articles 3 to 6 for the basic offence, which are legally available to Member States in accordance with their criminal penalty and sentencing systems and which reflect the seriousness of the offences involved.
Amendment 157 #
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing a childperson below the age of 18 to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight yearsconstitute an activity as described in paragraph 1.
Amendment 161 #
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years. Any individual who recruits or forces a person below the age of 18 years to become involved in sexual activities where money or other forms of remuneration or consideration are given or promised in exchange, regardless of whether this payment, promise or consideration is made to the person below the age of 18 years or to a third party, shall be guilty of intentional conduct within the meaning of paragraph 1.
Amendment 165 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, offences referred to in Articles 3 to 7 perpetrated against a person below the age of 18 years to report these facts to the competent services.
Amendment 165 #
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
Amendment 170 #
Proposal for a directive
Article 5 – title
Article 5 – title
Offences concerning child pornographythe depiction of sexual acts involving persons below the age of 18 years
Amendment 171 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Since criminal law systems are an integral aspect of the legal order of each individual Member State, Member States shall take the necessary measures to ensure that the forms of intentional conduct referred to in paragraphs 2 to 6 is punishabledescribed below are laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 172 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one yearmaterial containing depictions of sexual acts involving persons below the age of 18 shall constitute an activity as described in paragraph 1.
Amendment 175 #
Proposal for a directive
Article 19 – title
Article 19 – title
Protection of child victims below the age of 18 years in criminal investigations and proceedings
Amendment 176 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Such intervention programmes or measures shall be adapted to meet the specific developmental needs for childrenpersons below the age of 18 years who sexually offend, including those who are below the age of criminal responsibility.
Amendment 176 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least one yeardepictions of sexual acts involving persons below the age of 18 shall constitute conduct as defined in paragraph 1.
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at leastthe depiction of sexual acts involving persons under the age of 18 years shall constitute conduct as referred two yearsin paragraph 1.
Amendment 181 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take theall necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages containing or disseminating child pornographyensure that all Internet content depicting sexual acts involving persons below the age of 18 years is removed. In addition, the European Union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory. It shall be for the Member States to take decisions on additional network-side measures blocking access to Internet content. These blocking of accesmeasures shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging it.
Amendment 183 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least two yearsdepictions of sexual acts involving persons below the age of 18 shall constitute conduct as defined in paragraph 1.
Amendment 186 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child pornography shall be punishable by a maximum term of imprisonment of at least five yearsdepictions of sexual acts involving persons below the age of 18 shall constitute conduct as defined in paragraph 1.
Amendment 191 #
Proposal for a directive
Article 6 – introductory part
Article 6 – introductory part
Member States shall take the necessary measures to ensure that the following intentional conduct is punishable and that, in accordance with their system of criminal penalties, the crime is punished by means of the imposition of a sentence which reflects its seriousness:
Amendment 195 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 202 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that the instigation of, aiding and abetting to commit any of the offences referred to in Articles 3 to 6 is punishableare laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 203 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall take the necessary measures to ensure that attempts to commit any of the offences referred to in Article 3 (3) to (5), and (2) with regard to witnessing sexual abuse; Article 4 (2) to (3) and (5) to (11); and Article 5 (2) and (4) to (6) is punishableare laid down in law as criminal offences and, in accordance with their systems of criminal penalties, are punished by means of the imposition of sentences which reflect their seriousness.
Amendment 204 #
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure thaprevent or prohibit the following forms of intentional conduct is punishableand lay them down in law as criminal offences and, in accordance with their systems of criminal penalties, punish them by means of the imposition of sentences which reflect their seriousness:
Amendment 324 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. 1. Member States shall take the necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages contaimmediate removal of depictions of sexual acts involving persons under the age of 18 years in ing or disseminating child pornography. The blocking of access shall be subject toformation and communication services. The removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informedit is confined to what is strictly necessary. In addition, the European Union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers ofn the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging iir territory. Furthermore, the Member States and institutions of the Union and Europol shall step up cooperation with international hotlines, such as INHOPE, with the aim of securing the prompt removal of such content.
Amendment 332 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornographOther measures to prevent such content from becoming available, such as Internet blocking mechanisms, shall be a matter for the Member States. They may be taken only once all measures to secure the removal of content have been exhausted and it is clear, on that basis, that removal is impossible. In addition, the measures must be confined to what is strictly necessary, shall be subject to review by a judge, and the persons affected by such a measure shall be informed of the reasons for the decision. Persons affected shall have the right to seek legal remedy.