Child pornography: tougher penalties for cases of child abuse, including those involving AI

Brussels – Stricter measures for digital offences against children and strengthened support for victims of child sexual abuse: the Council Presidency and representatives of the European Parliament have reached a provisional agreement (that is to say, it will have to be formally approved by the Parliament’s plenary and the Council of the EU) to update the European Union’s criminal law provisions on the sexual abuse and exploitation of children. The new rules aim to expand the list of offences, increase penalties, and ensure that offenders are prosecuted “more effectively”, even decades after the offences were committed.

The new regulatory framework will make it a criminal offence to pay for access to live-streamed child abuse content. Furthermore, it will be a criminal offence to design, adapt, or distribute artificial intelligence systems intended to produce child sexual abuse material, an amendment which, according to the Council, “has become necessary given the growing prevalence of child sexual abuse material or abuse generated via AI.”

New offences will also be prosecuted, such as sexual extortion—where minors are threatened with the dissemination of images in order to obtain money or other goods—and the possession or distribution of guides explaining how to commit abuse.

More time for justice and building consensus

To ensure that victims have the time they need to report offences, the updated legislation sets a longer time limit within which offences can be investigated and prosecuted after the victim has reached the age of majority. This period is up to 32 years for the rape of minors, whether below or above the age of sexual consent, as well as for inducing a minor into prostitution.

The new rules also provide definitions of the very concept of consent. It should be clarified here that the definition of the age of sexual consent—below which it is prohibited to engage in sexual acts with a child—remains a matter for national authorities. However, the new EU rules do establish more clearly that engaging in sexual acts with minors who have reached the age of sexual consent is a criminal offence if the minor does not consent. They explicitly state that “the child’s silence or lack of resistance” does not constitute consent, nor do past or present relationships with the perpetrator. The rules specify that consent does not exist “if the child does not consent voluntarily on the basis of free will, or if they are unable to exercise free will, for example when they are asleep, unconscious, or taken by surprise,” and emphasise that consent may be withdrawn at any time. Online grooming is also criminalised, with specific rules covering cases where the offender pretends to be a peer of the victim.

“Thanks to these new measures, children will be better protected from sexual abuse and exploitation, even when offenders use emerging technologies, such as artificial intelligence, to target them,” says the Cypriot Minister of Justice, Costas Fytiris, emphasising that “the consequences of abuse can last a lifetime.” On this very point, the new regulations make it clear that support for victims “will be improved.”.Victims will be entitled to prompt and free healthcare, legal support, and access to helplines. Furthermore, “minor victims must have prompt and free access to healthcare services, as well as legal assistance,” and “the new directive also includes provisions on temporary accommodation for victims,” the Council explains. The right of victims to claim compensation for damages directly from the offender is also enshrined.

The agreement must now be formally approved by the Council and the European Parliament. Once it has been finally adopted, the directive will give national governments three years to bring their criminal codes into line with the new European provisions.