22 Amendments of Petra KAMMEREVERT related to 2010/0064(COD)
Amendment 76 #
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 80 #
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornographypersons below the age of 18 years and the depiction of sexual acts involving them, repealing Framework Decision 2004/68/JHA
Amendment 86 #
Proposal for a directive
Recital 1
Recital 1
(1) Sexual abuse and sexual exploitation of children, including child pornographypersons below the age of 18 years, including the depiction of sexual acts involving them, constitute serious violations of fundamental rights, in particular the rights of the child to protection and care as is necessary for his or her well-being as stipulated by the UN Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union.
Amendment 90 #
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 of persons below the age of 18 years, 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 96 #
Proposal for a directive
Article 2 – paragraph 1 – point b – subpoint iii
Article 2 – paragraph 1 – point b – subpoint iii
Amendment 97 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) If the the sexual exploitation and the sexual abuse of persons below the age of 18 years and the depiction of sexual acts involving them is to be combated effectively, a holistic approach is needed which combines punishment of the perpetrators with comprehensive protection of the victims and effective preventive measures in the Member States. The preventive approach should above all have a clear, lasting impact on the way people are taught to use new means of communication, e.g. the Internet.
Amendment 99 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive does not govern Member States' policies with regard to consensual sexual activities in which childrenpersons below the age of 18 years 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 and young adults, including through information and communication technologies.
Amendment 103 #
Proposal for a directive
Recital 9
Recital 9
(9) Rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters of persons below the age of 18 years from the European Union face prosecution even if they commit their crimes outside the European Union, in particular via so-called sex tourism.
Amendment 109 #
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 content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornographydepictions of sexual acts involving persons below the age of 18 years, 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 on 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 work. 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 116 #
Proposal for a directive
Article 2 – point b – point i
Article 2 – point b – point i
(i) any material that visually depicts a childperson below the age of 18 years engaged in real or simulated sexually explicit conduct; or
Amendment 121 #
Proposal for a directive
Article 2 – point c
Article 2 – point c
Amendment 127 #
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 five years. (See the amendment to Article 2(1)(c). Text has been brought into lineAny 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 that amendment.)e meaning of paragraph 1.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. EngagingAny individual who engages 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 five years. (See the amendment to Article 2(1)(c). Text has been brought into lineperson 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 that amendment.)e meaning of paragraph 1.
Amendment 130 #
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. (See the amendment to Article 2(1)(c). Text has been brought into lineAny 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 that amendment.)e meaning of paragraph 1.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
Amendment 132 #
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 161 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 180 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Preventive measures Member States shall take measures to improve prevention. These shall include, in particular, instruction in how to use communication media, starting in early childhood. In the context of a structured dialogue, the Commission shall support the Member States in their efforts and shall ensure that they regularly exchange information about the measures they have taken. In this way it shall make a contribution to the dissemination of best- practice models.
Amendment 190 #
Proposal for a directive
Article 6
Article 6
Amendment 326 #
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 informed of the reason for the blocking and thatit 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 pfroviders, as far as possible, are informed of the possibility of challenging im servers on their 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 331 #
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.