2015/2129(INI) Implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
CORAZZA BILDT Anna Maria ( PPE)
|
DALLI Miriam ( S&D),
ŠKRIPEK Branislav ( ECR),
GRIESBECK Nathalie ( ALDE),
LAMBERT Jean ( Verts/ALE)
|
| Committee Opinion | FEMM |
MOODY Clare ( S&D)
|
Beatriz BECERRA BASTERRECHEA ( ALDE),
Stefan ECK ( GUE/NGL),
Beatrix von STORCH ( EFDD),
Mylène TROSZCZYNSKI ( ENF),
Jana ŽITŇANSKÁ ( ECR)
|
| Committee Opinion | CULT |
VERHEYEN Sabine ( PPE)
|
Emma McCLARKIN ( ECR)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2018/04/11
EC - Commission response to text adopted in plenary
Documents
2017/12/14
EP - Results of vote in Parliament
Documents
2017/12/14
EP - Decision by Parliament
Details
The European Parliament adopted by 597 votes to 6, with 20 abstentions, a resolution on the implementation of Directive 2011/93/EU of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography.
Members condemned unequivocally all forms of sexual abuse or exploitation of children and called on the all EU institutions and Member States to take effective action to eradicate such abuse.
Whilst Members took the view that Directive 2011/93/EU constitutes a sound and comprehensive legal framework for combating sexual abuse and sexual exploitation of children, they deplored the fact that Member States have faced significant challenges implementing the Directive’s provisions on prevention, investigation and prosecution as well as protection and assistance to victims. Member States were urged to ensure that legal transposition is translated into effective implementation.
Substantive criminal law : Parliament was concerned that some Member States have not fully transposed the provisions on offences concerning: (i) sexual exploitation, (ii) sexual abuse when abuse is made of a recognised position of trust, authority or influence, and (iii) the liability of legal persons. It expressed particular concern about:
the threats and risks which the online dimension poses to children, in particular as regards the online recruitment of children, as well as grooming and other forms of incitement; the increase in live streaming of child sexual abuse; new forms of crime online , such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls.
Investigation and prosecution : Parliament called on all Member States to allocate adequate financial and human resources to law enforcement and judicial authorities, including specific training for police and investigators. It wanted to see an increase in the resources earmarked for the identification of victims, and urged the nine Member States which have not yet transposed provisions on the identification of victims to do so without delay and implement this provision by setting up special investigative teams equipped with appropriate tools and resources.
Members stressed the need to:
strengthen cooperation between their law enforcement authorities , including through the increased use of joint investigation teams; strengthen police and judicial cooperation to combat the trafficking and smuggling of migrant children , who are particularly vulnerable to abuse; intensify efforts to combat child sex tourism and prosecute perpetrators and accomplices and develop a specialised international network to combat sex tourism.
Prevention : Member States were asked to:
put in place effective preventive and intervention programmes for all officials, educators and stakeholders who are in contact with children to better assess the risk of committing crimes; implement appropriate measures such as public awareness raising, prevention campaigns, training and dedicated education programmes for the authorities, parents, teachers, children and minors; share best practices on educational materials and training programmes for all the actors involved to raise awareness of grooming and other risks to the safety of children online; introduce into their legislation mandatory criminal background checks for persons applying for activities or jobs with access to, or authority over children; exchange information about child sex offenders in order to prevent them from moving unnoticed from one Member State to another for work or for the purpose of volunteering with children or children’s institutions.
Assistance and protection to victims : Parliament called on the Member States to fully implement Directive 2012/29/EU on the rights of the victims of crime, to adopt specific measures to protect child victims and to share best practices to ensure that children receive proper assistance and support, especially legal aid and psychological support.
Removal and blocking : Members regretted the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory containing child pornography content. They regretted that the Commission has neither assessed the technologies used for blocking in those countries that have implemented the measures.
Parliament urged Member States which have not yet done so to put in place, without delay, safe and child-sensitive reporting and counselling mechanisms , such as telephone or computer hotlines to which Internet users can report – even anonymously – child sexual abuse material they find online.
The Commission was required to make efforts to gather the information necessary to ascertain what procedures are used in Member States where no functional notice and take-down procedures and no criminal penalties are in place and to launch infringement proceedings against Member States should they be found not to comply with the obligations laid down in Directive 2000/31/EC on this matter.
Parliament needed to be kept regularly informed on the state of play in relation to compliance with the Directive by the Member States, with disaggregated and comparable data on the Member States’ performance in preventing and combating child sexual abuse and exploitation offline and online.
Documents
2017/12/14
EP - End of procedure in Parliament
2017/12/13
EP - Debate in Parliament
Documents
2017/11/27
EP - Committee report tabled for plenary, single reading
Documents
2017/11/27
EP - Committee report tabled for plenary
Documents
2017/11/13
EP - Vote in committee
2017/08/01
EP - Amendments tabled in committee
Documents
2017/07/04
EP - Committee opinion
Documents
2017/07/04
EP - Committee opinion
Documents
2017/06/26
EP - Committee draft report
Documents
2015/07/16
EP - VERHEYEN Sabine (PPE) appointed as rapporteur in CULT
2015/06/25
EP - CORAZZA BILDT Anna Maria (PPE) appointed as rapporteur in LIBE
2015/06/16
EP - MOODY Clare (S&D) appointed as rapporteur in FEMM
2015/06/11
EP - Committee referral announced in Parliament
Documents
- Commission response to text adopted in plenary: SP(2018)101
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0501/2017
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A8-0368/2017
- Committee report tabled for plenary: A8-0368/2017
- Amendments tabled in committee: PE609.372
- Committee opinion: PE602.746
- Committee opinion: PE603.005
- Committee draft report: PE607.796
- Committee draft report: PE607.796
- Committee opinion: PE602.746
- Committee opinion: PE603.005
- Amendments tabled in committee: PE609.372
- Committee report tabled for plenary, single reading: A8-0368/2017
- Commission response to text adopted in plenary: SP(2018)101
Activities
- Anna Maria CORAZZA BILDT
Plenary Speeches (3)
- 2016/11/22 Implementation of the directive on combating the sexual abuse and sexual exploitation of children and child pornography (A8-0368/2017 - Anna Maria Corazza Bildt) (vote)
- 2016/11/22 Implementation of the directive on combating the sexual abuse and sexual exploitation of children and child pornography (debate)
- 2016/11/22 Implementation of the directive on combating the sexual abuse and sexual exploitation of children and child pornography (debate)
- Marek JUREK
Plenary Speeches (2)
- Margot PARKER
- Silvia COSTA
- Gérard DEPREZ
- Georgios EPITIDEIOS
- María Teresa GIMÉNEZ BARBAT
- Nathalie GRIESBECK
- Teresa JIMÉNEZ-BECERRIL BARRIO
- Agnieszka KOZŁOWSKA
- Urszula KRUPA
- Jean LAMBERT
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Notis MARIAS
- Barbara MATERA
- Alex MAYER
- Clare MOODY
Plenary Speeches (1)
- Rolandas PAKSAS
- Branislav ŠKRIPEK
- Csaba SÓGOR
- Helga STEVENS
- Claudiu Ciprian TĂNĂSESCU
- Ángela VALLINA
- Anna ZÁBORSKÁ
- Tadeusz ZWIEFKA
Votes
A8-0368/2017 - Anna Maria Corazza Bildt - Rezolucija 14/12/2017 12:12:17.000 #
2017/12/14 Outcome: +: 597, 0: 20, -: 6
NI| Amendments | Dossier |
| 333 |
2015/2129(INI)
2017/05/12
CULT
112 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach, mobilising a wide range of civil society actors including families, victim support agencies and churches and giving them access to simplified reporting procedures so that those who are in the closest contact with children can spot the warning signs and, if need be, alert the relevant authorities; insists, for that reason, that measures such as awareness raising, training and education are just as essential in the fight against these crimes as assistance to victims, investigation of crimes and prosecution of offenders;
Amendment 10 #
Draft opinion Paragraph 1 a (new) 1 a. Calls on the Commission and on the Member States to prioritize the prevention of child sexual abuse and sexual exploitation and to strengthen their cooperation with educational and training institutions, sexual abuse helpdesks, international and non-governmental organizations, civil society organizations and private industries in order to establish effective and innovative prevention policies, including developing teaching and trading materials concerning this matter;
Amendment 100 #
Draft opinion Paragraph 10 e (new) 10 e. Repeats that precise statistics and data on the number of crimes committed especial in the area of child sexual abuse is still lacking due to the high percentage of unreported cases, novelty of the offences, and the differences of definitions and methodologies used in various Member States;
Amendment 101 #
Draft opinion Paragraph 11 11. Calls on the Member States to accelerate, in cooperation with the
Amendment 102 #
Draft opinion Paragraph 11 11. Calls on the Member States to
Amendment 103 #
Draft opinion Paragraph 11 11. Calls on the Member States to accelerate, in cooperation with the internet industry, the notice and take-down procedures on the basis of due legal process and in accordance with the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child.
Amendment 104 #
Draft opinion Paragraph 11 11. Calls on the Member States to
Amendment 105 #
Draft opinion Paragraph 11 11.
Amendment 106 #
Draft opinion Paragraph 11 11. Calls on the Member States to accelerate, in cooperation with the internet industry, the notice and take-down procedures in order to further clarify the liability rules laid down in Directive 2000/31/EC.
Amendment 107 #
Draft opinion Paragraph 11 11. Calls on the Member States to accelerate, in cooperation with the internet industry, in particular data providers, the notice and take-down procedures and the prosecution of offenders.
Amendment 108 #
Draft opinion Paragraph 11 a (new) 11 a. Highlights that there is an increasing threat to children affected by the refugee crisis exposing them to increased risk of sexual exploitation and sexual abuse, in particular for unaccompanied minor children, as many are reported missing after their arrival; urges the Commission and Member States to address this phenomenon and to adopt effective measures to improve the situation and reinforce children's protection;
Amendment 109 #
Draft opinion Paragraph 11 a (new) 11 a. Calls on the European Commission and the Member States to fully participate into initiatives and information campaigns for the European Day on the Protection of Children against Sexual Exploitation and Sexual Abuse, established by the Council of Europe, to raise awareness among citizens on the importance of combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1a. Takes the view that the fight against child sexual abuse and exploitation and child pornography should be conducted in cooperation with families, whose task it is to protect and educate the children in their care;
Amendment 110 #
Draft opinion Paragraph 11 a (new) 11 a. Encourages Member States, which have not yet done so, to establish assistance services, including online services, to provide support, information and training on how to recognise the signs of sexual abuse and sexual exploitation and how to respond when they see troubling behaviour that is not yet abusive;
Amendment 111 #
Draft opinion Paragraph 11 a (new) 11 a. Calls on the Member States to ensure that illegal content is not only taken down quickly, but stays down;
Amendment 112 #
Draft opinion Paragraph 11 b (new) 11 b. Supports a rights-based approach to the protection of children taking into account the international legal order; recalls, in this context, that the 2011 EU Agenda for the Rights of the Child considers "the Treaties, the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of the Child (UNCRC) as a common basis for all EU action which is relevant to children".
Amendment 12 #
Draft opinion Paragraph 1 b (new) 1 b. Notes with concern that the main challenges for Member States in implementing Directive 2011/93 are related to the provisions concerning preventive and intervention measures and assistance, support and protection to child victims; encourages the Commission in its implementation report to provide information on the best practices of actual measures adopted in different Member States and their impact in the fight against sexual abuse and sexual exploitation of children and child abuse images;
Amendment 13 #
Draft opinion Paragraph 1 c (new) 1 c. Reports that sexual abuse and sexual exploitation of children offline and online, including child abuse material, continues to be a major concern and a serious crime and violation of fundamental rights of the victims; stresses that these crimes cause short and long term physical, psychological and social harm to children with a continuous risk of re-victimisation and stigmatisation of the victims through the online environment;
Amendment 14 #
Draft opinion Paragraph 1 d (new) 1 d. Urges that a comprehensive policy response against the new forms of child sexual exploitation and abuse on the internet, such as cyber predation, sex extortion, commercial web streaming, revenge pornography, voyeurism, and grooming is urgently needed, including the strengthening of efforts and resources dedicated to victim identification and victim-centre services; recommends the Commission, in this regard, to further assess if the objectives of the Directive 2011/93 have been achieved effectively and if the Directive provides relevant response to the new digital and technological challenges and threats;
Amendment 15 #
Draft opinion Paragraph 2 2. Encourages all Member States who still have not fully implemented Article 23 of
Amendment 16 #
Draft opinion Paragraph 2 2. Encourages
Amendment 17 #
Draft opinion Paragraph 2 2.
Amendment 18 #
Draft opinion Paragraph 2 2. Encourages all Member States who still have not fully implemented Article 23 of the Directive to adopt
Amendment 19 #
Draft opinion Paragraph 2 2. Encourages all Member States who still have not fully implemented Article 23
Amendment 2 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children and child pornography needs a comprehensive, multi-disciplinary approach in particular for parental education of children; insists, for that reason, that measures such as awareness raising, training and education, in cooperation in particular with parents' and family associations active on the protection of minors, as well as with relevant civil society organizations, are just as essential in the fight against these crimes as assistance to victims, investigation of crimes and prosecution of offenders;
Amendment 20 #
Draft opinion Paragraph 2 2. Encourages all Member States
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2 a. Invites the Member States to implement provisions on assistance, support and protection measures for child victims of sexual offenses (Articles 18, 19 and 20) and, taking into account the best interests of the child, to ensure that child victims of sexual offences be considered as particularly vulnerable victims pursuant to the Victims' Rights Directive by adopting special assistance and protection measures, such as the possibility to testify without being required to give evidence in public hearing and the possibility to be assisted only by people that have been specially trained for this purpose;
Amendment 22 #
Draft opinion Paragraph 2 a (new) 2 a. Calls on Member States in accordance with Article 23 to provide appropriate training and build competences with the new threats in the online environment and the widespread use of and access to mobile technologies and the internet, in particular among the judiciary and police units to assist them to properly investigate and prosecute perpetrators and to offer assistance to the victims;
Amendment 23 #
Draft opinion Paragraph 2 b (new) 2 b. Repeats that sufficient funds, human resources and investigative powers and tools including developing high-tech capabilities are needed to prevent illegal content online, to provide better and faster identification of victims and offenders and to respond to the new phenomena and expanding trends online, including new distribution and transaction models for child abuse material;
Amendment 24 #
Draft opinion Paragraph 2 b (new) 2 b. Calls on the Commission to promote and support the exchange of good practices and experiences in the Member States, stresses that voluntary initiatives on the part of the relevant stakeholders can provide useful support for the fight against such offenses, but cannot replace effective legislative provisions;
Amendment 25 #
Draft opinion Paragraph 2 c (new) 2 c. Agrees that awareness-raising materials, channels and campaigns for both children and adults, especially parents and those in contact with children need to be promoted at grass-root level with a view to help them understand and prevent online risks, provide safe online environment and promote positive online experience for children;
Amendment 26 #
Draft opinion Paragraph 2 d (new) 2 d. Encourages the Commission and Member States to promote training and educational initiatives to all relevant stakeholders, including children, parents, teachers, social workers, child protection officers, civil organisations and national authorities; supports age appropriate innovative tools to promote empowerment, media literacy and online safety as compulsory education at schools;
Amendment 27 #
Draft opinion Paragraph 2 e (new) 2 e. Calls on Member States and the Commission to enhance its efforts in promptly identifying victims and ensuring that they receive the necessary assistance, psychological support and protection to recover from the abuse; encourages Member States to provide victims a child friendly justice system to avoid secondary victimisation of a child;
Amendment 28 #
Draft opinion Paragraph 3 3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; welcomes various initiatives, such as age appropriate privacy settings on the internet and other online innovative safety tools, aimed at making the internet a place of opportunities for children to communicate, to access information, and to develop their skills in an enhanced online safety environment;
Amendment 29 #
Draft opinion Paragraph 3 3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; encourages therefore Member States to consider incorporating sexual abuse prevention in their educational curriculum, as for instance teaching children, from very early age, to be aware of online safety, spotting the signs of inappropriate behaviour, and how to report it;
Amendment 3 #
Draft opinion Paragraph 1 1. Recalls that, in practice, the fight against the sexual abuse of children needs a close, comprehensive and thorough, multi- disciplinary and cultural approach; insists, for that reason, that measures such as awareness raising, multilevel information, training
Amendment 30 #
Draft opinion Paragraph 3 3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; prevention should also focus on educational programmes and actions in schools in order to learn children from an early age how to identify and protect themselves from the danger that online material may represent;
Amendment 31 #
Draft opinion Paragraph 3 3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; calls, therefore, on the Member States to adopt provisions to apply stringent technical measures, such as encryption and parental control by default, to ensure maximum protection for minors;
Amendment 32 #
Draft opinion Paragraph 3 Amendment 33 #
Draft opinion Paragraph 3 3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy among children and those around them, in particular their parents;
Amendment 34 #
Draft opinion Paragraph 3 a (new) 3 a. Highlights that given the rapidly changing nature of cybercrime and the pace at which technology evolves, there is a need for constantly adaptive approach to research and development of mechanisms and advanced techniques, including software development, which allow the early detection, blocking and removal of illegal content such as child sexual abuse content online; calls therefore on the Member States to strengthen their actions and constantly adapt their child sexual abuse prevention plans and policies to combat online child sexual abuse and sexual exploitation of children and child pornography and calls on the Commission to support their efforts;
Amendment 35 #
Draft opinion Paragraph 3 a (new) 3 a. Calls on Commission and Member States to promote and support public policies, agencies, strategies and tools aimed at raising children's and young people's awareness on over-sexualisation by supporting approaches and structures such as: Safer Internet Centres and helplines, and involving children and minors as well as parents in the conception of tools and messages;
Amendment 36 #
Draft opinion Paragraph 3 a (new) 3a. Takes the view that to prevent children from being exposed to pornography, which harms their moral integrity, parents and teachers should be made aware of, and taught how to install, parental control software on electronic devices children have access to;
Amendment 37 #
Draft opinion Paragraph 3 a (new) 3 a. Calls on the Commission to continue to monitor closely the transposition measures adopted by the Member States and to initiate a timely infringement procedure if such measures do not comply with the Directive;
Amendment 38 #
Draft opinion Paragraph 3 b (new) 3 b. Emphasizes the role of parents in the prevention of sexual exploitation of children and minors, by setting guidelines, monitoring children's and minors internet and social media use and informing their children and minors on the dangers of child pornography;
Amendment 39 #
Draft opinion Paragraph 3 c (new) 3 c. Notes that the use of new technologies and the Internet is increasing and changing very rapidly and that children as well as minors are often exposed to new technologies;
Amendment 4 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children should be a priority for Member States and as such, needs a comprehensive, multi-disciplinary and zero tolerance approach; insists, for that reason, that measures such as awareness raising, training and education are just as essential in the fight against these crimes as assistance to victims, investigation of crimes
Amendment 40 #
Draft opinion Paragraph 3 d (new) 3 d. Encourages the European Commission and Member States to facilitate access to public funds for NGOs to carry out prevention and educational activities regarding the sexual exploitation of children and minors online and child pornography, and to give to this matter greater public attention;
Amendment 41 #
Draft opinion Paragraph 4 4. Recalls that the online sexual exploitation of children, among others through online phishing is a constantly evolving phenomenon which parallels developments in technology and that, according to the International Association of Internet Hotlines (INHOPE), the average age of victims of child sexual abuse material is steadily decreasing; underlines that peer-to-peer and Darknet networks provide a high degree of anonymity and are therefore used for exchanging child sexual abuse material;
Amendment 42 #
Draft opinion Paragraph 4 4. Recalls that the online sexual exploitation of children is a constantly evolving phenomenon which parallels developments in technology and a lowering of ethical standards; underlines that peer-to-peer and Darknet networks
Amendment 43 #
Draft opinion Paragraph 4 4. Reminds that sexual exploitation of children and minors starts before the spread of the network, therefore recalls that the online sexual exploitation of children and minors is a constantly evolving frightening phenomenon which parallels developments in technology; underlines that peer-to-peer and Darknet networks provide a high degree of anonymity and are therefore used for exchanging child sexual abuse material;
Amendment 44 #
Draft opinion Paragraph 4 4. Recalls that the online sexual exploitation of children is a constantly evolving phenomenon with long term recurring consequences for its victims which parallels developments in technology; underlines that peer-to-peer and Deep Web and Darknet networks provide a high degree of anonymity for offenders and are therefore used for exchanging child sexual abuse material;
Amendment 45 #
Draft opinion Paragraph 4 4. Recalls that the online sexual exploitation of children is a constantly evolving phenomenon which
Amendment 46 #
Draft opinion Paragraph 4 a (new) 4 a. Recommends the European Commission and Member States to investigate the impact of the readily accessible online child pornography on children and minors, as a part of prevention in line with Article 23 of the Directive;
Amendment 47 #
Draft opinion Paragraph 4 b (new) 4 b. Encourage the media and advertising sectors to safeguard the dignity and innocence of children and minors in their productions, through co- regulatory mechanisms, internal codes of conduct and other voluntary action;
Amendment 48 #
Draft opinion Paragraph 5 5.
Amendment 49 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by national and relevant authorities and communicated to Internet service providers; recommends
Amendment 5 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach; insists, for that reason, that measures such as awareness raising, preventive campaigns, training and education are just as essential in the fight against these crimes as assistance to victims, including the parents and guardians of the victim, investigation of crimes and prosecution of offenders;
Amendment 50 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by the relevant national authorities and communicated to Internet service providers; recommends
Amendment 51 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by national authorities and communicated t
Amendment 52 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared
Amendment 53 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by national authorities and communicated to Internet service providers in order to remove the harmful or illegal contents; recommends also the sharing of such blacklists of websites among the Member States through enhanced cooperation with Europol and its European Cybercrime Centre, and with Interpol;
Amendment 54 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by national authorities and communicated to Internet service providers; recommends also the sharing of such blacklists of websites among the Member States and with child protection organisations through enhanced cooperation with Europol and its European Cybercrime Centre, and with Interpol;
Amendment 55 #
Draft opinion Paragraph 5 5. Recommends that blacklists of websites containing child pornography be prepared by national authorities and communicated to Internet service providers;
Amendment 56 #
Draft opinion Paragraph 5 a (new) 5 a. Asks to the Commission to start the consultations for the revision of the e- commerce directive (2000/31/EC) or to evaluate an alternative legislative framework in order to set a proper mechanism to monitor Information society services such as video-sharing platforms which currently do not have editorial responsibility, thus better protecting minors from child pornography and online phishing; reminds the European Commission that restrictions on online content are to be grounded in the law, well-defined, proportionate, legitimate, pursuing a clear aim; recalls therefore any mechanism set by the European Commission to monitor such services as video-sharing platforms should be limited to protect minors from pornography and online phishing;
Amendment 57 #
Draft opinion Paragraph 6 6. Encourages Member States
Amendment 58 #
Draft opinion Paragraph 6 6. Encourages Member States to regularly exchange information about convictions and disqualifications taken from national criminal records about child sex offenders so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children
Amendment 59 #
Draft opinion Paragraph 6 6. Encourages Member States to exchange information about child sex offenders so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children’s institutions; calls on Member States to step up information sharing on criminal convictions and disqualifications and to improve data collection in national registers of perpetrators;
Amendment 6 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach; insists, for that reason, that measures such as awareness raising, training and education for authorities, for parents, teachers, children and minors are just as essential in the fight against these crimes as assistance to victims, investigation of crimes and prosecution of offenders;
Amendment 60 #
Draft opinion Paragraph 6 6. Encourages Member States to exchange information about individual child sex offenders and to set up proper border controls so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children’s institutions;
Amendment 61 #
Draft opinion Paragraph 6 6. Encourages Member States to exchange information about child sex offenders who have been convicted and who present a clear and concrete risk of recidivism so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children
Amendment 62 #
Draft opinion Paragraph 6 6.
Amendment 63 #
Draft opinion Paragraph 6 6. Encourages Member States to exchange information about child sex offenders so as to prevent any movement of sex offenders from
Amendment 64 #
Draft opinion Paragraph 6 a (new) 6 a. Stresses that regularly collecting data and distributing factual information about the current levels and methods of sexual abuse and sexual exploitation of children as well as providing children, parents and individuals working with children with the appropriate knowledge and tools is essential to reduce and prevent this threat;
Amendment 65 #
Draft opinion Paragraph 6 a (new) 6 a. Urges the European Commission and Member States to promote initiatives raising awareness of sexual abuse, sexual exploitation of children and minors, especially in connection to the European Day on the Protection of Children against Sexual Exploitation and Sexual Abuse, established by the Council of Europe;
Amendment 66 #
Draft opinion Paragraph 6 b (new) 6 b. Invites the European Commission to take into account the decisions of the Council of Europe, with special regards to the Recommendation of the Parliamentary Assembly (PACE) 2092 (2016) on Fighting the over-sexualisation of children;
Amendment 67 #
Draft opinion Paragraph 7 Amendment 68 #
Draft opinion Paragraph 7 7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse and child pornography material detected in their infrastructure to law enforcement authorities and calls on the ISPs to preserve evidence; calls on the Commission to consider the revision of the e-commerce directive on the liability limitations of Internet service providers;
Amendment 69 #
Draft opinion Paragraph 7 7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities and calls on the ISPs to preserve evidence on the basis of due legal process and in accordance with the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child; stresses the important role of ICT and ISPs in ensuring fast and efficient removal of illegal content online at the request of the responsible law enforcement authorities;
Amendment 7 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach encompassing prevention; insists, for that reason, that measures such as awareness raising, training and education are just as essential in the fight against these crimes as assistance to victims and their families, investigation of crimes and prosecution of offenders;
Amendment 70 #
Draft opinion Paragraph 7 7. Urges the Member States to make it
Amendment 71 #
Draft opinion Paragraph 7 7. Urges the Member States, in collaboration with National Hotlines, to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities and calls on the ISPs to preserve evidence;
Amendment 72 #
Draft opinion Paragraph 7 7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities, as well as national hotlines, and calls on the ISPs to preserve evidence;
Amendment 73 #
Draft opinion Paragraph 7 7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report and remove child sexual abuse material detected in their infrastructure to law enforcement authorities and calls on the ISPs to preserve evidence;
Amendment 74 #
Draft opinion Paragraph 7 7.
Amendment 75 #
Draft opinion Paragraph 7 a (new) 7a. Points out that social networks and discussion forums are used to spread child pornography, and calls on web hosts to do more to alert the appropriate authorities to these practices, on the basis of reports from internet users;
Amendment 76 #
Draft opinion Paragraph 7 b (new) 7b. Stresses that only judicial authorities can decide to close web pages featuring child pornography and that the fight against all forms of violence on the internet must be balanced against the need to safeguard digital freedoms and the protection of personal data;
Amendment 77 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place hotlines and a website to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures;
Amendment 78 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK; calls on Member States for a better cooperation between helplines and hotlines to ensure protection of children victim of sexual exploitation and abuse;
Amendment 79 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place
Amendment 8 #
Draft opinion Paragraph 1 1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach; insists, for that reason, that measures such as public awareness raising, training and education are just as essential in the fight against these crimes as assistance to victims, investigation of crimes and prosecution of offenders;
Amendment 80 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place hotlines to which Internet users can report even anonymously child sexual abuse material they find online and that are capable of assessing rapidly this reported content with a view to implementing notice and take- down procedures and prosecute offenders where possible with the available technology and information; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK
Amendment 81 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place and support safe and child sensitive reporting and counselling mechanisms, such as telephone or internet helplines and hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK;
Amendment 82 #
Draft opinion Paragraph 8 8. Urges Member States which have not yet done so to put in place hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and prompt take-down procedures, and remove content hosted outside their territory; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK;
Amendment 83 #
Draft opinion Paragraph 8 a (new) 8 a. Urges Member States to ensure that citizens have access to the service operating hotline 116 000 to report missing children and to provide social support services for children and families in cases when a child goes missing, child abduction and where the life of a child is at risk;
Amendment 84 #
Draft opinion Paragraph 9 9.
Amendment 85 #
Draft opinion Paragraph 9 9. Urges Member States to introduce in their legislation mandatory background checks for persons applying or volunteering for activities
Amendment 86 #
Draft opinion Paragraph 9 9. Urges Member States to introduce in their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, and to systematically exchange information on individuals posing a risk to children;
Amendment 87 #
Draft opinion Paragraph 9 9. Urges Member States to introduce in their legislation mandatory
Amendment 88 #
Draft opinion Paragraph 9 9. Urges Member States to introduce in their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children and to systematically exchange information on individuals posing a clear and concrete risk to children;
Amendment 89 #
Draft opinion Paragraph 10 10.
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1 a. Notes the Commission's reports on the implementation of Directive 2011/93/EU and agrees that despite the recent developments there is still a room for improvement until the Directive reaches its full potential across all Member States; repeats that the child's best interest must be the primary consideration in the implementation of the Directive 2011/93 of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography; urges the Commission to assist the Member States in achieving correct and full transposition and implementation of the Directive across the EU so that children can benefit from its full added value;
Amendment 90 #
Draft opinion Paragraph 10 10. Notes that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of
Amendment 91 #
Draft opinion Paragraph 10 10. Notes that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of the Directive to block access to websites containing or disseminating child pornography; notes that removal of the illegal and harmful content is a valid way on combating the sexual exploitation of children, minors and child pornography;
Amendment 92 #
Draft opinion Paragraph 10 10. Notes that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of the Directive to block access to websites containing or disseminating child pornography; calls for an analytical exchange of information and observations regarding practices being followed by the two groups of Member States and the results obtained by each;
Amendment 93 #
Draft opinion Paragraph 10 10. Notes that measures taken by Member States to prevent illegal content online have not been effective enough; highlights that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of the Directive to block access to websites containing or disseminating child pornography;
Amendment 94 #
Draft opinion Paragraph 10 a (new) 10 a. Notes with concern the results of the Internet Watch Foundation´s (IWF) annual report, released at the beginning of April 2017, according to which internet domains based in Europe now host 60% of the webpages that feature images of child sexual abuse, accounting 19 percentage point increase from 2015, and that there is sharp increase of sexual abuse URLs is some Member States; calls on the Member States to strengthen their cooperation, exchange of information and share good practises in order to reduce the availability of child sexual abuse online;
Amendment 95 #
Draft opinion Paragraph 10 a (new) 10 a. Stresses that when Member States impose measures limiting the fundamental rights on the internet in relation to Article 25 the principles of transparency, necessity and proportionality need to be safeguarded in line with the law of the EU and of Member States and they need to provide the reason for the restriction and possibility of redress;
Amendment 96 #
Draft opinion Paragraph 10 a (new) 10 a. Stresses the need to raise awareness about the danger and risks of child exposure on social media;
Amendment 97 #
Draft opinion Paragraph 10 b (new) 10 b. Stresses that children's personal data must be duly protected and children and parents need to be informed of the risks and consequences of using children's personal data online;
Amendment 98 #
Draft opinion Paragraph 10 c (new) 10 c. Agrees that multi-stakeholder engagement and cooperation between private and public sector including civil society, law enforcement agencies, agencies working with children, social service, private industry stakeholders such as technology industry, is crucial to effectively detect and fight illegal material and dissemination of child sexual abuse material online;
Amendment 99 #
Draft opinion Paragraph 10 d (new) 10 d. Highlights also the need for international cooperation and transitional investigation with EU's strategic partners and law enforcement authorities to fight child sexual abuse and exploitation online;
source: 604.711
2017/05/22
FEMM
61 amendments...
Amendment 1 #
Draft opinion Recital -A (new) -A. the term ‘child pornography’ shall be replaced with the term ‘child abuse material’ throughout the text;
Amendment 10 #
Draft opinion Recital A b (new) Ab. whereas victims of sexual abuse run serious physical and psychological risks that can affect their private and social lives;
Amendment 11 #
Draft opinion Recital A b (new) Ab. whereas girls fleeing conflict and persecution are at a heightened risk of rape, sexual abuse and exploitation, prostitution, and forced marriage;
Amendment 12 #
Draft opinion Recital A c (new) Ac. whereas statistics show that 12% of websites are pornographic websites in which pornographic videos involving children can sometimes also be hidden; whereas anyone, regardless of age, can have free access to these sites and download all the videos they want;
Amendment 13 #
Draft opinion Paragraph 1 1. Is concerned that the non- consensual distribution of erotic or pornographic material, including the phenomenon of so-called ‘revenge porn’– a
Amendment 14 #
Draft opinion Paragraph 1 1. Is concerned that the non- consensual distribution of erotic or pornographic material, including the phenomenon of so-called ‘revenge porn’– a rapidly increasing form of abuse – overwhelmingly affects women and girls, some of whom are under the legal age of consent; emphasises the need
Amendment 15 #
Draft opinion Paragraph 1 1. Is concerned that the non- consensual distribution of erotic or pornographic material, including the
Amendment 16 #
Draft opinion Paragraph 1 1. Is concerned that the non- consensual distribution of erotic or pornographic material, including online and through social media, such as the phenomenon of so-called ‘revenge porn’– a rapidly increasing form of abuse and persecution – overwhelmingly affects women and girls, some of whom are under the legal age of consent; calls on the Member States to step up concrete measures to combat this new form of crime and on the internet industry to take their shared responsibility; emphasises the need to educate young girls on the possible consequences of taking intimate photographs or videos of themselves;
Amendment 17 #
Draft opinion Paragraph 1 1. Is concerned that the non- consensual distribution of erotic or pornographic material, including the phenomenon of so-called ‘revenge porn’– a rapidly increasing form of abuse – overwhelmingly affects women and girls, some of whom are under the legal age of consent; emphasises the need to educate young girls on the possible consequences of taking intimate photographs of themselves; Encourages the competent authorities in the Member States to promote gender equality in their comprehensive sex and relationship education programmes, including teaching girls and boys about relationships based on consent, respect and reciprocity, where stereotypes and expectations based on sexual abuse and exploitation affect the self-image, health, acquisition of skills, intellectual development, social integration and identity formation of girls and boys;
Amendment 18 #
Draft opinion Paragraph 1 1. Is concerned that the non-
Amendment 19 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Member States to properly monitor the internet in order to curb so-called ‘revenge porn’ promptly and effectively; calls on the Member States to introduce a range of legislative policies to prevent and, where necessary, punish, those who commit this kind of offence;
Amendment 2 #
Draft opinion Recital A A. whereas research indicates that child sexual abuse
Amendment 20 #
Draft opinion Paragraph 1 a (new) 1a. Encourages the Member States to launch information campaigns on cyber safety and the principles of ethical behaviour on the Internet relating to personal privacy and the privacy of others;
Amendment 21 #
Draft opinion Paragraph 1 b (new) 1b. Calls on the Member States, in cooperation with the judicial and police authorities, to improve parental control systems through the use of new technologies (especially apps for smartphones) in order to protect children more effectively;
Amendment 22 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness at an early stage among all girls and boys about staying safe and about the importance of respecting the dignity and
Amendment 23 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness at an early stage among all girls and boys about staying safe and about the importance of respecting the dignity and privacy of others in the digital era; recalls that raising the awareness of parents and other relatives is just as important as raising the awareness of the children themselves;
Amendment 24 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness at an early stage among all girls and boys about staying safe online and about the importance of respecting the dignity and privacy of others in the digital era;
Amendment 25 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness at an early stage among all girls and boys about
Amendment 26 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness
Amendment 27 #
Draft opinion Paragraph 2 2. Emphasises the need to raise awareness at an early stage among all girls and boys about staying safe and about the importance of respecting the dignity and privacy of others in the digital era; whereas authorities should commit to the development of education campaigns directed at men and younger generations, with the aim of involving men and boys as partners, gradually preventing and eliminating all forms of gender-based violence and promoting or empowering women;
Amendment 28 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the need for holistic sex and relationship education, which must address subjects like pornography and conduct online and on social networks; Reiterates the need for ICT education, especially for women and girls, formal, informal and non-formal, including an emphasis on digital literacy and awareness-raising of risks online; Notes that education programmes and content tackling these issues must also focus on boys and young men breaking down gender stereotypes, sexism, and behaviours leading to harassment online;
Amendment 29 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission and the Member States to fund awareness-raising and education campaigns in secondary schools, concerning the importance of respecting one’s own dignity and privacy and that of others (considering that many teenagers voluntarily publish sexually explicit images and/or videos because they are unable to assess the potential consequences of putting such material online, or underestimate those consequences);
Amendment 3 #
Draft opinion Recital A A. whereas prostitution worldwide involves some 40-42 million people, 75% of whom are aged between 13 and 25; whereas research indicates that child sexual abuse mostly affects girls (prevalence rates are 13.4 % for girls and 5.7 % for boys) whereas the gender aspect must be included in the prevention of and
Amendment 30 #
Draft opinion Paragraph 2 a (new) 2a. Calls on Members States that do not require mandatory sex and relationship (SRE) education (Bulgaria, Croatia, Hungary, Italy, Lithuania, Romania, Slovakia, and Spain) to introduce mandatory SRE; calls on all Member States to require an emphasis on sexual consent and respect in SRE;
Amendment 31 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States to consider legislating in respect of audiovisual media content which may have a negative influence in shaping awareness of sexual behaviour patterns;
Amendment 32 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States to step up measures to protect victims of child sexual abuse and to improve the role of national helplines, with a gender sensitive approach;
Amendment 33 #
Draft opinion Paragraph 2 b (new) 2b. Notes that life-long learning and digital and media literacy education for all ages are important in raising awareness of online safety and privacy issues, also enabling parents and carers to be better informed on these issues;
Amendment 34 #
Draft opinion Paragraph 2 b (new) 2b. Considers that removal of content must remain a priority but acknowledges that this can be a lengthy procedure, therefore rapid take-down mechanisms should be in place in addition to speeding up removal processes;
Amendment 35 #
Draft opinion Paragraph 3 3. Asks the Member States to take into account the strong gender dimension of disclosure rates, with boys and men reporting abuse less frequently than girls and women, who for their part often delay self-reporting
Amendment 36 #
Draft opinion Paragraph 3 3. Asks the Member States to take into account th
Amendment 37 #
Draft opinion Paragraph 3 3.
Amendment 38 #
Draft opinion Paragraph 3 a (new) 3a. When transposing Article 15 or amending the legislative provisions on the statute of limitations on the self-reporting of sexual crimes committed against minors; recommends that any statute of limitations runs from the date of majority instead of the date on which the offence was committed;
Amendment 39 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Member States when identifying potential victims to devote closer attention to vulnerable groups of children who often become victims of sexual abuse, such as Roma children and children with mental disabilities;
Amendment 4 #
Draft opinion Recital A A. whereas research indicates that child sexual abuse mostly affects girls (prevalence rates are 13.4 % for girls and 5.7 % for boys), and is predominantly perpetrated by men; whereas the gender aspect must be included in the prevention of and protection against child sexual abuse;
Amendment 40 #
Draft opinion Paragraph 3 b (new) 3b. Urges the nine Member States which have not yet transposed Article 15(4) of the Directive on the victims’ identification to do so without delay and implement it by, for example, establishing specialised investigative teams, investing in forensic tools and participating in cross-border investigations;
Amendment 41 #
Draft opinion Paragraph 3 c (new) 3c. Invites the Commission to invest into continuous transnational programs of child victim identification by assisting the Member States in their forensic capacities and cooperating in this area including in developing specialised human resources and equipment;
Amendment 42 #
Draft opinion Paragraph 3 d (new) 3d. Insists on the significance of proper transposition of the Article 20(3)(a) and urges Member States to conservatively interpret the ‘unjustified delay’ when conducting interviews with child victims; acknowledges the good practice in Sweden where the child is heard within two weeks of the report of the crime; furthermore asks the Member States to put in place the necessary measures to properly transpose the provision mandating the necessary procedural conditions which help children avoid secondary victimisation;
Amendment 43 #
Draft opinion Paragraph 3 e (new) 3e. Calls on the Member States to step up cooperation and to exchange data to identify children victims of sexual abuse, including missing children, especially girls who are particularly vulnerable to trafficking and sexual exploitation;
Amendment 44 #
Draft opinion Paragraph 3 f (new) 3f. The EU should encourage the Member States to take actions in area of data protection in order to improve the international cooperation amongst Member States and increase the level of protection for children and ensure a safe environment regarding the child abuse materials for their development on the basis of the subsidiarity criterion;
Amendment 45 #
Draft opinion Paragraph 4 4. Notes with concern that the human trafficking and the sex tourism industry affects significant numbers of underage girls; encourages the Commission and the Member States to intensify their efforts to combat child sex tourism and human trafficking and to focus on travel organisations and authorities with a view to raising awareness about the gravity of these crimes among travellers;
Amendment 46 #
Draft opinion Paragraph 4 4. Notes with concern that the sex tourism industry affects significant numbers of underage girls; encourages the Commission and the Member States to intensify their efforts on education, to combat child sex tourism and to focus on travel organisations and authorities with a view to raising awareness among travellers;
Amendment 47 #
Draft opinion Paragraph 4 a (new) 4a. Draws attention to the reported cases that refugee children, especially unaccompanied minors, are facing dangers in sexual abuse and sexual exploitation in the refugee camps and other asylum places; calls on the Member States to take measures combating sexual abuse and exploitation among refugee children, including background checks for the staffs, social workers, volunteers in contact with refugee children, establish reporting systems and provide relevant assistance for victims;
Amendment 48 #
Draft opinion Paragraph 4 a (new) 4a. Underlines that prevention action is weak throughout the EU and calls on the Member States to implement Article 22 of the Directive by providing intervention programs for those who fear that they might commit offences; urges the Commission to establish regular cross-border good practice exchange on preventive programs; invites the Member States in view of the article 24(1) to establish compulsory intervention programs for all convicted offenders in order to prevent recidivism;
Amendment 49 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Member States and the Commission to legislate with a view to convicting and punishing all travellers who return from a holiday taken for sexual purposes and involving minors;
Amendment 5 #
Draft opinion Recital A A. whereas research indicates that child sexual abuse mostly affects girls (prevalence rates are 13.4 % for girls and 5.7 % for boys) whereas the
Amendment 50 #
Draft opinion Paragraph 4 b (new) 4b. Encourages the Commission and the Member States to use gender- mainstreaming research and statistics on sexual abuse and sexual exploitation of children to promote the exchanges on good practices in policy-making and program implementation;
Amendment 51 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Commission and the Member States to convict and punish all tour operators which promote sex tourism, in particular that involving minors;
Amendment 52 #
Draft opinion Paragraph 5 5. Calls on the Member States to step up the
Amendment 53 #
Draft opinion Paragraph 5 5. Calls on the Member States to step up the provision of resources for professionals working with children as well as for investigative experts, who should be aware of how
Amendment 54 #
Draft opinion Paragraph 5 5. Calls on the Member States to step up the provision of resources for professionals working with children as well as for investigative experts, who should be aware of
Amendment 55 #
Draft opinion Paragraph 5 5. Calls on the Member States to
Amendment 56 #
Draft opinion Paragraph 5 5. Calls on the Member States to step up the provision of resources for professionals working with children as well as for investigative experts, who should be aware of how gender differences affect the ways in which girls and boys respond to sexual abuse. Child asylum-seekers in detention who have been subjected to sexual abuse need to receive appropriate medical advice and counselling, including where pregnancy results, and are to be provided with the requisite physical and mental health care, support and legal aid and their claims must be investigated by competent and independent authorities.
Amendment 57 #
Draft opinion Paragraph 5 5. Calls on the Member States to step up the provision of resources for professionals working with children as well as for investigative experts, who should be aware of how gender differences affect the ways in which girls and boys respond to sexual abuse; underlines the necessity of fighting the reproduction of gender stereotypes and the increased sexualisation of children in the media.
Amendment 58 #
Draft opinion Paragraph 5 a (new) 5a. Exchange of views between child protection officers, paediatricians, educational institutions and youth and children’s organisations in order to investigate cases of the child abuse, are encouraged to play an active role in raising awareness on this issue.
Amendment 59 #
Draft opinion Paragraph 5 a (new) 5a. Recognises the achievement of INHOPE, a collaborative network of 46 hotlines, committed to eliminating child sexual abuse from the Internet; calls on the Commission to assist Member States in ensuring the presence of such a hotline in each Member State and in harmonizing relevant protocols.
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas there are reported cases that refugee children are facing risks in sexual exploitation and abuse in refugee camps and other asylum places, and whereas research indicates that due to language barriers, cultural taboos, fear of not reaching their final destinations and other reasons, some refugee children victims do not report the cases to the authority;
Amendment 60 #
Draft opinion Paragraph 5 a (new) 5a. Reminds the Member States that their role does not stop at reporting and investigating crime, and calls for the creation of support schemes to help victims overcome post-traumatic complications.
Amendment 61 #
Draft opinion Paragraph 5 b (new) 5b. Notes the lack of research on the area of abuse experienced by LGBTI youth; emphasises the need for further research in this area that takes into account the experiences of violence and harassment of a sexual nature experienced by LGBTI people, and the vulnerability of homeless youth, many of whom are LGBTI youth who have fled home.
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas sexual exploitation is closely linked to prostitution and trafficking in human beings; whereas prostitution-related earnings are estimated at around USD 186 000 billion and are used to fund criminal organisations;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas research has shown that a rights-based comprehensive sexual and relationship education is an appropriate and effective way to protect children and young people against the risk of abuse and sexual exploitation;
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas exposure to pornography may increase children’s and young people’s own vulnerability to sexual abuse and exploitation;
source: 604.823
2017/08/01
LIBE
160 amendments...
Amendment 1 #
Motion for a resolution Citation 2 – having regard to Articles 7, 8, 24, 47, 48 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
Motion for a resolution Recital -A a (new) Amendment 100 #
Motion for a resolution Paragraph 14 14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls; urges the Member States to include in the compulsory school curriculum a programme designed to make children aware of the dangers of the internet and encourage them to report incidents which they witness or of which they are victims, in particular via the hot lines set up specifically for them;
Amendment 101 #
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online
Amendment 102 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on service providers to step up their efforts to raise awareness of the risks inherent in going online, in particular for children, by developing interactive tools and information materials;
Amendment 103 #
Motion for a resolution Paragraph 15 15. Urges
Amendment 104 #
Motion for a resolution Paragraph 15 15. Urges the Member States to incorporate into their legislation mandatory criminal background checks for persons applying or volunteering for activities or jobs
Amendment 105 #
Motion for a resolution Paragraph 15 15. Urges the Member States to incorporate into their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children,
Amendment 106 #
Motion for a resolution Paragraph 16 16. Calls on the Member States
Amendment 107 #
Motion for a resolution Paragraph 16 16. Calls on the Member States to exchange information about child sex offenders
Amendment 108 #
Motion for a resolution Paragraph 16 a (new) 16a. Encourages Member States to fulfil their prevention obligations by providing effective, academically peer- reviewed, intervention programmes for potential child sex abusers;
Amendment 109 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on all the Member States to fully and in due time transpose the provisions of Directive 2011/93/EU on offences concerning sexual exploitation, offences concerning sexual abuse when abuse is made of a recognised position of trust, authority or influence or abuse is made of a particularly vulnerable situation of the child, and concerning the liability of legal persons;
Amendment 11 #
Motion for a resolution Recital A A. whereas the word “child pornography” should be banned when it is used to refer to child sexual abuse, as pornography usually is about sexual acts between consenting adults, and there is nothing consensual in the acts of child sexual abuse; whereas Directive 2011/93/EU is a comprehensive legal instrument containing provisions on substantive criminal law and on criminal procedures, measures for assistance and protection of victims and for prevention, including administrative measures, and its implementation requires the close involvement of actors from different sectors such as the law- enforcement authorities, the judiciary, non- governmental organisations, internet service providers and others;
Amendment 110 #
Motion for a resolution Paragraph 16 a (new) 16a. Urges Member States to work on the banning of prostitution and pornography, being the most effective of fighting child sexual abuse;
Amendment 111 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the law-enforcement authorities, both at national and EU-level to invest in new technologies to fight crimes in the dark web and deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, especially to fight organised networks of sexual abuse and exploitation of children and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 112 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on Member States to revise their legislation and to withdraw from damaging children regulations which enable adoption for homosexual couples;
Amendment 113 #
Motion for a resolution Paragraph 16 c (new) 16c. Notes that some Member States have developed dedicated operational systems and forensic capabilities aimed at investigating child sexual abuse, however most of Member States do not have specialised investigative services, nor the financial means to acquire forensic materials, such as specific software for enabling online investigation; recommends therefore the EU to support these services by providing relevant funds, where it is needed;
Amendment 114 #
Motion for a resolution Paragraph 16 a (new) Amendment 115 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the Member States to develop or to reinforce child helplines that provide help and support for children that are victims of sexual abuses or exploitation and that fulfil children's fundamental right to be heard; asks the Member States to ensure the 24H/24 availability of these helplines, their accessibility via different means of communication, their confidentiality, that they are free of cost for the children but also for the helplines, their clear positioning within national child protection systems and to guarantee structural and long term funding for these helplines;
Amendment 116 #
Motion for a resolution Paragraph 17 17. Calls on the Member States to fully implement Directive 2012/29/EU on the rights of the victims of crime, to adopt specific measures to protect child victims and to share best practices to ensure that children receive proper assistance and support throughout the entirety of criminal proceedings and thereafter; calls on the Member States to conduct campaigns to promote support for child victims and improve the provision of telephone hot lines for children;
Amendment 117 #
Motion for a resolution Paragraph 18 18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barnahus in Sweden; calls on the Member States to focus on ensuring the provision of legal aid, psychological support and assistance and to avoid the secondary victimisation of children; encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for children victims of abuse;
Amendment 118 #
Motion for a resolution Paragraph 18 18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barn
Amendment 119 #
Motion for a resolution Paragraph 18 18. Welcomes the best practices adopted in some Member States for the protection of children
Amendment 12 #
Motion for a resolution Recital A A. whereas Directive 2011/93/EU is a comprehensive legal instrument containing provisions on substantive criminal law and on criminal procedures, measures for assistance and protection of victims and for prevention, including administrative measures, and its implementation requires the close involvement of actors from different sectors such as the law- enforcement authorities, the judiciary, parents’ and family associations active on the protection of minors, non- governmental organisations, internet service providers and others;
Amendment 120 #
Motion for a resolution Subheading 6 a (new) Regrets that the Commission has failed to collect data on the types of blocking that have been used by the various Member States; further regrets that data has not been published on the number of websites on blocking lists in each country; regrets with concern that there is no assessment of the use of security methods, such as encryption, to ensure that blocking lists do not leak and become seriously counterproductive;
Amendment 121 #
Motion for a resolution Subheading 6 b (new) Notes that Directive 2011/92/EU does not require mandatory blocking; recognises that blocking is not a perfect technology; recommends removal of child abuse, child exploitation and child sexual abuse material at source in the context of efficient judicial and law enforcement actions;
Amendment 122 #
Motion for a resolution Subheading 6 c (new) Regrets with concern that the Commission mentions that some Member States do not have functional “notice and take-down” procedures, sixteen years after the entry into force of Directive 2001/31/EC (E- Commerce directive), but does not indicate that any action will be taken to require those Member States to comply with EU law;
Amendment 123 #
Motion for a resolution Subheading 6 d (new) Calls on the Commission to make further efforts to gather the information necessary to ascertain what the procedure is in Member States where no functional notice, take down procedure, not criminal measures are in place and to open up infringement procedures against Member States should they be found not to comply with the obligations laid down in Directive2001/31/EC on this matter.
Amendment 124 #
Motion for a resolution Paragraph 19 Amendment 125 #
Motion for a resolution Paragraph 19 19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing child pornography hosted on their territory;
Amendment 126 #
Motion for a resolution Paragraph 19 19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing
Amendment 127 #
Motion for a resolution Paragraph 19 19.
Amendment 128 #
Motion for a resolution Paragraph 19 19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing child pornography hosted on their territory; regrets the fact that
Amendment 129 #
Motion for a resolution Paragraph 19 19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing
Amendment 13 #
Motion for a resolution Recital A a (new) Aa. whereas the Commission’s implementation report does not provide any statistics as regards takedown and blocking of websites containing or disseminating child sexual abuse, especially statistics regarding the speed of removal of content, the frequency with which reports are followed up by law enforcement authorities, the delays in takedowns due to the need to avoid interference with ongoing investigations, or the frequency with which any such stored data are actually used by judicial or law enforcement authorities;
Amendment 130 #
Motion for a resolution Paragraph 19 19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing child pornography hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory; calls on the Member States to fully implement Article 25, including blocking child
Amendment 131 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses that the measure of removal of online content regarding sexual abuse or exploitation of children shall be preferable to blocking such content; underlines in this context that removing a website with such content ensures complete eradication of its content, while blocking a website with such content renders its content temporarily inaccessible and bears the risk, if insufficient safeguards are in place to authorise it, of possible interference with the right to freedom of expression, e.g. by occasionally also blocking legitimate content;
Amendment 132 #
Motion for a resolution Paragraph 19 a (new) 19a. Acknowledges that the Member States can block access to webpages which contain or disseminate content which showcases child sexual abuse or exploitation, but only as a second option if it has not been possible to remove the webpages in question, in keeping with the ‘take-down rather than blocking’ principle;
Amendment 133 #
Motion for a resolution Paragraph 19 a (new) 19a. Notes that Directive 2011/92/EU does not require mandatory blocking; recognises that blocking is neither a single technology nor a reliable one; recommends removal of child abuse, child exploitation and child pornography material at source in the context of efficient judicial and law enforcement actions;
Amendment 134 #
Motion for a resolution Paragraph 20 20.
Amendment 135 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to speed up cooperation between law enforcement authorities both within the EU and with third countries, to assess whether, in cooperation with the Internet industry,
Amendment 136 #
20.
Amendment 137 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to speed up, in cooperation with the Internet industry, Eurojust and Europol, the notice and take-down procedures and to establish relevant partnerships
Amendment 138 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to speed up, in cooperation with the Internet industry, the notice and take-down procedures and to establish partnerships with the online industry to prevent networks and systems from being hacked and misused to distribute child
Amendment 139 #
Motion for a resolution Paragraph 20 a (new) 20a. Regrets the lack of available information, at both national, European and international level regarding the take- down proceedings, the speed of removal of content or delays in removal, transnational cooperation in that matter, blocking proceedings, methods and safeguards, as well as the results of these measures, leading to a policy assessment that does not necessary reflect the extent of the problem;
Amendment 14 #
Motion for a resolution Recital B a (new) Ba. whereas the use of the terminology “Child Pornography" is highly detrimental to victims who insist that their abuse must be referred to by name and be rightly labelled as “Child Sexual Abuse Material”;
Amendment 140 #
Motion for a resolution Paragraph 21 21. Recommends that blacklists of websites containing child
Amendment 141 #
Motion for a resolution Paragraph 21 21. Recommends that, if blacklists of websites containing child pornography
Amendment 142 #
Motion for a resolution Paragraph 21 21. Recommends that blacklists of websites containing
Amendment 143 #
Motion for a resolution Paragraph 21 21. Recommends that blacklists of websites containing child
Amendment 144 #
Motion for a resolution Paragraph 21 a (new) 21a. Encourages the INHOPE Network to work with its Members to create a secure anonymous reporting mechanism on Deep Web networks, such as the Dark Net networks found on the TOR network, which provides for the same high standard anonymity as those provided for by Press Organizations for whistle- blowers in order to provide the possibility for those using such networks to come forward with information or reports about child sexual abuse material;
Amendment 145 #
Motion for a resolution Paragraph 22 22. Urges the Member States to make it mandatory for internet service providers (ISP) to report child sexual abuse material detected in their infrastructure proactively to law enforcement authorities, as well as to national hotlines; calls on the Commission to continue its funding under the Connecting Europe Facility (CEF) so as to provide the hotlines with the adequate resources to fulfil their mandate to tackle illegal content online;
Amendment 146 #
Motion for a resolution Paragraph 22 22. Urges
Amendment 147 #
Motion for a resolution Paragraph 22 22. Urges the Member States to make it mandatory for internet service providers (ISP) to report child
Amendment 148 #
Motion for a resolution Paragraph 22 a (new) 22a. Takes the view that children should be properly informed about the potential risks related to the internet, in particular when providing their personal data online; stresses that online profiling of children should be prohibited; suggests that the establishment of adequate reporting of sexual abuse or exploitation of children among professionals in regular contact with children together with the establishment of hotlines or helplines dedicated to the reporting of child sexual abuse or exploitation should be strongly promoted, e.g. through appropriate raising awareness campaigns and educational programmes in schools and other relevant organisations;
Amendment 149 #
Motion for a resolution Paragraph 22 b (new) 22b. Calls for a code of conduct on protecting children's rights online and offline in cyber space; recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children and in particular to crimes regarding the sexual abuse and exploitation of children; stresses in this context the role of Europol and Eurojust and the necessity of strengthening judicial and police cooperation among Member States and with Europol and Eurojust to prevent and to combat cybercrime, and in particular to combat the online sexual abuse and exploitation of children;
Amendment 15 #
Motion for a resolution Recital B a (new) Ba. whereas one of the main challenges for investigating child sexual abuse and prosecuting perpetrators is the lack of reporting by victims; notes that the lack of reporting is higher among boys;
Amendment 150 #
Motion for a resolution Paragraph 23 23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played also by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to
Amendment 151 #
Motion for a resolution Paragraph 23 23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations,
Amendment 152 #
Motion for a resolution Paragraph 23 23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case with the Internet Watch Foundation in the UK;
Amendment 153 #
Motion for a resolution Paragraph 23 23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations,
Amendment 154 #
Motion for a resolution Paragraph 23 23. Recognises the active and supportive role in combating child
Amendment 155 #
Motion for a resolution Paragraph 23 a (new) Amendment 156 #
Motion for a resolution Paragraph 23 a (new) 23a. Stresses the need to promote and support EU information programmes enabling members of the public to bring to the attention of the authorities online content that is illegal or harmful to children;
Amendment 157 #
Motion for a resolution Paragraph 23 b (new) 23b. Welcomes the work of the INHOPE network that allows a good cooperation between internet hotlines which operate worldwide and speed-up removal and take-down proceedings ;
Amendment 158 #
Motion for a resolution Paragraph 23 c (new) 23c. Calls on the Member States, in accordance with Article 23, to provide appropriate training and to build up competences to deal with the new threats in the online environment and the widespread use of, and access to, mobile technologies and the internet, in particular among the judiciary and police units, to assist them in properly investigating and prosecuting perpetrators and in offering assistance to the victims;
Amendment 159 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to continue keeping Parliament regularly informed on the state of play in relation to compliance with the Directive by the Member States, with disaggregated and comparable data on the Member States’ performance in preventing and combating child sexual abuse and exploitation offline and online; instructs its relevant committee to hold a hearing on the state of play in relation to implementation and possibly consider adopting an additional report on the follow up given to the implementation of the Directive;
Amendment 16 #
Motion for a resolution Recital B a (new) Ba. whereas children, who became victims of sexual abuse or exploitation, suffer from multiple and long-lasting physical and / or psychological traumas that can follow them well into adulthood;
Amendment 160 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to continue keeping Parliament regularly informed on the state of play in relation to compliance with the Directive by the Member States; urges the Commission to provide the Parliament with a more rigorous report, containing additional information and statistics; instructs its relevant committee to hold a hearing on the state of play in relation to implementation and possibly consider adopting an additional report on the follow up given to the implementation of the Directive;
Amendment 17 #
Motion for a resolution Recital C C. whereas child sexual abuse and exploitation online is an evolving phenomenon and new forms of crime, such as "revenge pornography" and sex- extortion, have come into being on the Internet and need to be addressed with concrete measures by the Member States;
Amendment 18 #
Motion for a resolution Recital C a (new) Ca. whereas the child's exposure to porn interferes with its normal development, and laws protecting children from access to pornography are clearly insufficient in times of continued technological progress and new means of communication;
Amendment 19 #
Motion for a resolution Recital D D. whereas law enforcement authorities face
Amendment 2 #
Motion for a resolution Citation 2 – having regard to Articles 7, 8, 24, 47, 48 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 20 #
Motion for a resolution Recital D D. whereas law enforcement authorities face new challenges posed by hidden peer-to-peer
Amendment 21 #
D. whereas law enforcement authorities face new challenges posed by peer-to-peer and Darknet networks exchanging child
Amendment 22 #
Motion for a resolution Recital D a (new) Da. whereas prevention of child abuse must include both a just prosecution of all perpetrators as well as the opportunity for offenders to be treated for their addiction;
Amendment 23 #
Motion for a resolution Recital E E. whereas migrant children - especially girls but also a significant percentage of boys1a - are particularly exposed to child sexual abuse and sexual exploitation at the hands of traffickers
Amendment 24 #
Motion for a resolution Recital E E. whereas migrant children
Amendment 25 #
Motion for a resolution Recital F F. whereas the sex tourism industry affects significant numbers of children, especially girls
Amendment 26 #
Motion for a resolution Recital F a (new) Fa. whereas statistical studies prove that legalisation of prostitution makes it more widespread in the short term, and causes a significant increase in trafficking in human beings and consequently may increase the scale of trafficking also of children, and of sexual offenses against them;
Amendment 27 #
Motion for a resolution Recital F a (new) Fa. whereas, to be compliant with the Charter of Fundamental Rights of the European Union, measures taken under recital 42 of Directive 2011/93/EU must respect the safeguards listed in Article 25 of the Directive;
Amendment 28 #
Motion for a resolution Recital F a (new) Fa. whereas, to be compliant with the Charter of Fundamental Rights of the European Union, measures taken under recital 42 of Directive 2011/93/EU must respect the safeguards listed in Article 25 of the Directive;
Amendment 29 #
Motion for a resolution Recital F a (new) Fa. whereas systematic review and meta-analysis found that, compared to their non-disabled peers, children with disabilities were around three times more likely to suffer from physical or sexual violence;
Amendment 3 #
Motion for a resolution Citation 2 – having regard to Articles 7, 8, 24, 47, 48 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 30 #
Motion for a resolution Recital F a (new) Amendment 31 #
Motion for a resolution Recital F b (new) Fb. whereas the consumption of pornography contributes to the acceptance of various forms of sexual deviation and there is a direct proportionality between the availability of pornographic content and sexual offenses directed against children;
Amendment 32 #
Motion for a resolution Recital F b (new) Fb. whereas perpetrators are both men and women, a social taboo which leaves a lack of treatment programmes for female offenders;
Amendment 33 #
Motion for a resolution Recital F c (new) Fc. whereas pornography in itself grossly violates human dignity and objectifies humans and its legality produces negative social effects, and has particularly negative effects on the youngest;
Amendment 34 #
Motion for a resolution Recital F c (new) Fc. whereas pornography is any media designed to sexually excite the user; and child pornography features anyone under 18, and is in its very essence child abuse;
Amendment 35 #
Motion for a resolution Recital F d (new) Amendment 36 #
Motion for a resolution Paragraph -1 (new) –1 Strongly condemns the European Commission and Member States’ insistence on referring to Child Sexual Abuse Material as "Child Pornography". Stresses that such terminology is highly detrimental to victims and adds to the abuse that they already face. Calls on all entities to eradicate the use of such terminology with immediate effect and respect the pleas of victims and social workers in this regard.
Amendment 37 #
Motion for a resolution Paragraph -1 (new) –1. Takes the view that Directive 2011/93/EU constitutes a sound and comprehensive legal framework for combating the sexual abuse and sexual exploitation of children; deplores the fact that it has not yet been fully implemented and its full scope exploited by the Member States, however;
Amendment 38 #
Motion for a resolution Paragraph 1 1.
Amendment 39 #
Motion for a resolution Paragraph 1 1. Notes that the Member States have faced significant challenges in transposing and implementing the Directive, in particular as regards the provisions on prevention, detection, investigation and prosecution, as well as protection and assistance to victims;
Amendment 4 #
Motion for a resolution Citation 6 a (new) – having regard to the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016-2017),
Amendment 40 #
Motion for a resolution Paragraph 2 2. Regrets that the Commission was not able to present its implementation reports within the deadline set out in Article 28 of Directive 2011/93/EU and th
Amendment 41 #
Motion for a resolution Paragraph 2 2. Regrets that the Commission was not able to present its implementation reports within the deadline set out in Article 28 of Directive 2011/93/EU
Amendment 42 #
Motion for a resolution Paragraph 2 2. Regrets that the Commission was not able to present its implementation reports within the deadline set out in Article 28 of Directive 2011/93/EU and therefore calls on the Member States to ensure that legal transposition is translated into effective implementation so as to ensure the protection of child victims, assistance for them and zero tolerance for child sexual abuse;
Amendment 43 #
Motion for a resolution Paragraph 2 a (new) 2a. Recognises that pornography use has a, scientifically proven, highly addictive drug-like effect which stimulates dopamine release, giving pleasurable sensations; and that more frequent exposure often leads to craving for more intense and novel expressions and frequency, including the viewing of child pornography;
Amendment 44 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes the responsibility borne by the media whereby sexualised images of ever younger beautiful people distorts relational and neurological development and destroys healthy family relationships;
Amendment 45 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes with regret that the European Commission’s implementation report fails to indicate how quickly or slowly the hotlines contact hosting providers after informing law enforcement authorities. Further notes that the Commission's report fails to indicate what procedures are currently in place for hotlines to contact hosting providers directly after contacting law enforcement authorities, where the latter are unwilling or unable to respond;
Amendment 46 #
Motion for a resolution Paragraph 2 a (new) 2a. Deplores the fact that in its two evaluation reports the Commission deems much of the information provided by the Member States ‘inconclusive’, with the result that a comprehensive, objective evaluation of the implementation of Directive 2011/92/EU is still impossible; calls on the Commission to draw up as soon as possible a comprehensive report on the implementation of Directive 2011/93/EU in practice;
Amendment 47 #
Motion for a resolution Paragraph 2 a (new) 2a. Believes that the term "child sexual abuse material" is more appropriate than "child pornography" for such crimes against children, since the term "pornography" presupposes consent; Stresses, however, that the new terminology shall not in any way restrict the offenses listed as "child pornography" in Art. 2 (c) and Art. 5 of Directive 2011/92/EU;
Amendment 48 #
Motion for a resolution Paragraph 2 a (new) 2a. Regrets that, in its report, the Commission mentions that some Member States do not have functional “notice and take-down” procedures, sixteen years after the entry into force of Directive 2001/31/EC, but does not indicate that any action will be taken to require those Member States to comply with EU law;
Amendment 49 #
Motion for a resolution Paragraph 2 a (new) 2a. Congratulates Member States, whose fight against pornography, which itself is directed against the family and children’s rights, and affects the whole society on the long term;
Amendment 5 #
Motion for a resolution Citation 10 a (new) – having regard to the European Strategy for a Better Internet for Children (COM(2012) 196, and having regard to the Commission report of 6 June 2016, entitled ‘Final evaluation of the multi- annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet)’ (COM(2016) 364),
Amendment 50 #
Motion for a resolution Paragraph 2 b (new) 2b. Regrets that the Commission's implementation report seeks to address a number of issues with regard to the implementation of the Directive. Notably, in its report on the implementation of Article 25 of the Directive, the Commission lacks to address key issues which could assist the Parliament in monitoring the current situation within Member States. Such issues include, but are not limited to, the fact that no statistics are provided regarding the speed of removal of illegal content beyond 72 hours, no reporting on the frequency with which reports are followed up by law enforcement authorities is highlighted, no reporting on delays in takedowns due to the need to avoid interference with ongoing investigations is made and no information regarding whether such stored data is ever used by judicial and law enforcement authorities is given.
Amendment 51 #
Motion for a resolution Paragraph 2 b (new) 2b. Deplores, further, the lack of precise and comprehensive statistics on the sexual abuse and sexual exploitation of children, including online, and calls on the Member States and the Commission to step up their efforts in this area;
Amendment 52 #
Motion for a resolution Paragraph 2 b (new) 2b. Underlines the insufficiency of regulations regarding the prevention of different trends widespread among youth, and deplores the legislative attempts to disavow the traditional family model and which are directed against children’s rights;
Amendment 53 #
Motion for a resolution Paragraph 2 b (new) 2b. Regrets that the Commission’s implementation report fails to mention whether it assessed the efficiency of the INHOPE system when it transfers reports to counterparts in third countries;
Amendment 54 #
Motion for a resolution Paragraph 2 c (new) 2c. Regrets that the Commission has failed to collect data on the types of blocking that have been used; regrets that data has not been published on the number of websites on blocking lists in each country; regrets that there is no assessment of the use of security methods, such as encryption, to ensure that blocking lists do not leak and become seriously counterproductive; welcomes the fact that, having promoted mandatory blocking in 2011, the Commission has explicitly abandoned this position;
Amendment 55 #
Motion for a resolution Paragraph 2 c (new) 2c. Believes it is essential to use the correct terminology for crimes against children and to use the adequate terms of "child sexual abuse material" instead of "child pornography"; in this regard, ask the Commission to proceed to a technical correction of the Directive 2011/29/EU;
Amendment 56 #
Motion for a resolution Paragraph 2 d (new) 2d. Regrets the fact that the Commission’s implementation report fails to provide any statistics as regards takedown and blocking of websites containing or disseminating child sexual abuse, especially statistics regarding the speed of removal of content, the frequency with which reports are followed up by law enforcement authorities, the delays in takedowns due to the need to avoid interference with ongoing investigations, or the frequency with which any such stored data are actually used by judicial or law enforcement authorities;
Amendment 57 #
Motion for a resolution Paragraph 2 e (new) 2e. Regrets that, in relation to the one statistic that the Commission provided (takedowns within 72 hours), there is no data regarding the number of sites that were left online due to ongoing investigations;
Amendment 58 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that a comprehensive policy response against the new forms of child sexual exploitation and abuse on the internet, such as cyber predation, sex- extortion, commercial web streaming, revenge pornography, voyeurism, and grooming is urgently needed; recommends that the Commission, in this regard, should further assess whether the objectives of Directive 2011/93 have been achieved effectively, and whether the Directive provides a relevant response to the new digital and technological challenges and threats;
Amendment 59 #
Motion for a resolution Paragraph 4 4. Considers, in particular, that the Member States should
Amendment 6 #
Motion for a resolution Citation 12 a (new) – having regard to the report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on final evaluation of the multi-annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet),
Amendment 60 #
Motion for a resolution Paragraph 4 4. Considers, in particular, that the Member States should do more to combat the impunity of perpetrators who are close to child victims and are in a position of trust, authority or influence over the child; considers it to be of the utmost importance that the Member States ensure the liability of both natural and legal persons, where the lack of monitoring or supervision of a person who is a member of that legal entity, has
Amendment 61 #
Motion for a resolution Paragraph 5 5. Is particularly concerned about the threats and risks which the online dimension poses to children, in particular as regards the online recruitment of children, as well as grooming and other forms of incitement;
Amendment 62 #
Motion for a resolution Paragraph 5 a (new) 5a. Is concerned at the increase in live streaming of child sexual abuse, the perpetrators being highly skilled and innovative in the use of advanced technology; considers that all Member States should therefore seek to develop innovative technical applications to detect and block access to such content, while at the same time restricting payment for services of this nature;
Amendment 63 #
Motion for a resolution Paragraph 6 6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on all relevant bodies, governments, law enforcement agencies, the judiciary, hotlines, NGOs and the internet industry to take
Amendment 64 #
Motion for a resolution Paragraph 6 6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls; calls
Amendment 65 #
Motion for a resolution Paragraph 6 6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on the internet industry to take its share of responsibility for tackling these crimes through more active involvement, seeking to provide solutions, taking appropriate action and making specific recommendations;
Amendment 66 #
Motion for a resolution Paragraph 6 6. Underlines the need to address new
Amendment 67 #
Motion for a resolution Paragraph 6 6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls but also a significant percentage of boys; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on the internet industry to take its share of responsibility for tackling these crimes;
Amendment 68 #
Motion for a resolution Paragraph 6 a (new) 6a. Reiterates the right of each individual to decide on the fate of his or her personal data, in particular the exclusive right to control the use, disclosure of personal information and the right to be forgotten defined as the possibility to obtain a prompt removal of contents that might be prejudicial for his or her own dignity.
Amendment 69 #
Motion for a resolution Paragraph 6 a (new) 6a. Emphasises the need for those Member States which have not yet done so to criminalise not only online grooming, but also cyberstalking and luring children online. The term cyberstalking refers to a situation in which adults communicate online with a minor or a person they believe to be a minor for the purpose of subsequently committing a crime against that person;
Amendment 7 #
Motion for a resolution Citation 12 b (new) – having regard to FRA report of 27 February 2017 on child-friendly justice: Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States,
Amendment 70 #
Motion for a resolution Paragraph 6 a (new) 6a. Regrets that no statistics are provided with regard to the use of criminal law procedures to seize equipment in relevant cases.
Amendment 71 #
Motion for a resolution Subheading 3 a (new) Welcomes the bilateral agreements between the USA and Slovakia, and the UK on intelligence sharing on convicted sex offenders;
Amendment 72 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission and the Member States to increase the resources earmarked for the identification of victims, and urges the nine Member States which have not yet transposed Article 15(4) of Directive 2011/92/EU on the identification of victims to do so without delay and implement that provision by setting up special investigative teams equipped with appropriate tools and resources;
Amendment 73 #
8. Underlines the importance of implementing Article 17 (3) in order to ensure that the Member States have jurisdiction over offences committed by means of information and communication technology (ICT) accessed from their territory whether or not it is based on their territory; emphasises the need to develop the practical basis for a common EU approach to the issue of jurisdiction in cyberspace, as pointed out at the informal meeting of justice and home affairs ministers held on 26 January 2016;
Amendment 74 #
Motion for a resolution Paragraph 8 8. Underlines the importance of implementing Article 17
Amendment 75 #
Motion for a resolution Paragraph 8 a (new) 8a. Deplores that not all offences listed in Directive 2011/92/EU are included in Member States’ national legislation, when it comes to extraterritorial jurisdiction; regrets that some Member States guarantee that sexual abuse offences committed abroad will be prosecuted without a complaint by the victim; calls on the Member States to tackle effectively these shortcomings;
Amendment 76 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls on all Member States to allocate adequate financial and human resources to law enforcement authorities to combat child sexual abuse and exploitation, including specific training for police and investigators;
Amendment 77 #
Motion for a resolution Paragraph 8 b (new) 8b. Regrets that precise statistics and data on the number of crimes committed in the area of child sexual abuse and exploitation in particular, is still lacking due to the high percentage of unreported cases, the novelty of the offences, and the differences in the definitions and methodologies used in various Member States;
Amendment 78 #
Motion for a resolution Paragraph 9 9. Stresses that the main challenges faced by the law enforcement and judicial authorities in the investigation and prosecution of child sexual abuse offences online stem from the dependence on electronic evidence and digital investigative techniques, which are made less effective by new technologies such as encryption, and also by the discrepancies in data retention rules between the Member States; stresses that law enforcement authorities face obstacles in the prosecution of crime in the online sphere, e.g. by the use of outdated technology such as CGN of the internet service providers; points out that these obstacles could be revoked by urging the industry to implement available up-to-date technology and would allow protecting the privacy of innocent citizens who by design of CGN were allocated the same IP address than the person committing a crime online;
Amendment 79 #
Motion for a resolution Paragraph 9 9. Stresses that the main challenges faced by the law enforcement and judicial authorities in the investigation and prosecution of child sexual abuse offences online stem from the dependence on electronic evidence and digital investigative techniques
Amendment 8 #
Motion for a resolution Citation 12 c (new) – having regard to Communication from the Commission to the European Parliament and the Council on the protection of children in migration[1], [1] COM (2017) 211.
Amendment 80 #
Motion for a resolution Paragraph 9 9. Stresses that the
Amendment 81 #
Motion for a resolution Paragraph 9 9. Stresses that the
Amendment 82 #
Motion for a resolution Paragraph 9 9. Stresses th
Amendment 83 #
Motion for a resolution Paragraph 9 a (new) 9a. Expresses concern at the use by internet service providers of carrier-grade network address translation technologies (NAT CGN) which make it possible for several users to share a single IP address at the same time, jeopardising online security and liability; calls on the Member States to encourage internet service providers and network operators to take the steps needed to limit the number of users per IP address, phase out the use of CGN technologies and make the investment required to introduce as a matter of urgency the next generation of internet protocol addresses (version 6 - IPv6);
Amendment 84 #
Motion for a resolution Paragraph 10 Amendment 85 #
Motion for a resolution Paragraph 10 10. Calls on the Member States to step up their police and judicial cooperation as well as to make full use of the existing EU cooperation tools provided by Europol and Eurojust to ensure the successful investigation and prosecution of perpetrators and possible accomplices; stresses that Europol and Eurojust should be given the appropriate resources to fulfil their task in this respect and encourages the Member States to share best practices;
Amendment 86 #
Motion for a resolution Paragraph 10 a (new) 10a. Takes into account the vulnerable situation, in particular of migrant children and especially unaccompanied, as they are particularly vulnerable to abuse, trafficking and sexual exploitation; calls on the Member States and the EU authorities to take concrete actions to protect those children; recommends the Member States and the EU authorities to expedite the appointment of qualified guardians to unaccompanied children and ensure that the best interest of the child is always taken into account; calls on the Member States and any other competent authorities and organisations to register and identify children in a child- friendly way to ensure that they enter the national and international protection systems in order to prevent their sexual abuse or exploitation or their possible disappearance; recommends the Member States and the EU authorities to reinforce existing tools for such vulnerable or missing children including the appropriate helplines or hotlines;
Amendment 87 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among
Amendment 88 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of children, including migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls
Amendment 89 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children and for the interoperability of data bases; calls for a unit dealing with missing migrant children to be set up within Europol;
Amendment 9 #
Motion for a resolution Recital -A (new) –A. whereas the sexual abuse and sexual exploitation of children constitute serious violations of fundamental rights, in particular of the right of children to the protection and care necessary for their well-being, as provided for by the 1989 UN Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union;
Amendment 90 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children
Amendment 91 #
Motion for a resolution Paragraph 11 11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation
Amendment 92 #
Motion for a resolution Paragraph 12 12. Encourages the Member States to intensify their efforts to combat child sex tourism and prosecute perpetrators and accomplices, taking into account the responsibility of all actors involved;
Amendment 93 #
Motion for a resolution Paragraph 12 a (new) 12a. Encourages Member States to dedicate plentiful resources to breaking the businesses of child abusers both within the EU and in third countries;
Amendment 94 #
Motion for a resolution Paragraph 12 a (new) 12a. Considers that Member States should be encouraged to develop a specialised international network to combat sex tourism, accompanied by government-led policies such as the introduction of funding programmes to assist families and children living in danger zones;
Amendment 95 #
Motion for a resolution Paragraph 12 a (new) 12a. Condemns unequivocally forms of sexual abuse or exploitation of children, as well as violent and abusive child victimisation at all levels; welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016- 2021); calls on the all the EU institutions and Member States to take appropriate measures to prevent and protect children from all forms of physical and psychological violence, including physical and sexual abuse and sexual exploitation; calls on all the EU institutions and Member States to make a united, effective action to eradicate sexual abuse and exploitation and in general sexual crimes against children; calls on the EU institutions and Member States to explicitly consider the protection of children as a priority when programming and implementing policies, which may negatively affect them;
Amendment 96 #
Motion for a resolution Paragraph 13 13. Calls on the Member States to put in place effective preventive and intervention programmes, including regular training programmes, for all officials, educators and stakeholders, who are in contact with children to better assess the risk of committing crimes
Amendment 97 #
Motion for a resolution Paragraph 13 a (new) 13a. Urges all Member States to conduct appropriate measures such as public awareness raising, preventive campaigns, training and dedicated education programmes for the authorities, parents, teachers, children and minors - in cooperation also with parents' associations active in the protection of children and minors, as well as with relevant civil society organisations -, in order to promote the importance of family values (e.g. mutual responsibility, respect and care), human dignity, self-esteem, non-violence, and in general of children's rights to be protected against all forms of sexual abuse and sexual exploitation;
Amendment 98 #
Motion for a resolution Paragraph 13 b (new) 13b. Calls on the EU institutions and the Member States for the establishment of a multi-stage system in child protection based on the best interests of the child and the full respect of her or his fundamental rights, in order to send a clear message that all forms of physical, sexual and emotional abuse against children are unacceptable, and punishable by law;
Amendment 99 #
Motion for a resolution Paragraph 14 14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, parents, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in
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History
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