New crimes and strengthening prevention. EU to update rules on child abuse

Brussels – The European Commission is pushing for an updated framework of criminal law rules to try to put an end to a “heinous crime that has evolved significantly in recent years,” namely the sexual abuse and exploitation of children. The EU executive explains how the threat is “real and increasing throughout the Union,” making it necessary to update the current rules approved in 2011: “They need to be adapted to address the latest developments and strengthen prevention and victim protection.”

The increased online presence of children and the latest technological developments “create new opportunities for abuse,” so much so that in 2022 alone there were 1.5 million reports of child sexual abuse in the community. “One in five children experience some form of sexual violence, either offline or online,” is what the EU executive emphasizes, warning that on the Internet, abusers can “meet and instantly share videos and images of severe sexual violence against children, often very young.” It is for this reason that the revised rules proposed today (Feb. 6) by the von der Leyen Cabinet—now under consideration by the EU Parliament and Council co-legislators—widen the definitions of offences and introduce higher penalties and more specific requirements for prevention and assistance to victims, alongside the obligations already in the Digital Services Act for online platforms to identify, report, and remove reported child pornography.

On the front of broadening the definition of offences related to child sexual abuse, new ones such as livestreaming, possession and exchange of paedophilia manuals, and deep fake and artificial intelligence-generated child pornography material should be included in all 27 EU member states. This is accompanied by strengthening prosecution, prevention, and victim support by ensuring a longer period during which the sexual abuse suffered can be reported and prosecution of the perpetrator sought. The right to financial compensation “to address the long-term damage” caused by such abuse will be guaranteed, while member states will be required to establish a coordination mechanism “to make the best use of available programs” on prevention and victim support.

The twenty-seven countries are also required to increase investment in awareness, especially regarding online risks. The new requirements will ensure that applicants to work closely with children or for organizations active against child sexual abuse must provide their criminal records, and reporting of an offence will become mandatory at least for professionals working in this area. The proposal presented by the EU Commission today is part of the EU 2020-2025 strategy for a more effective fight against child sexual abuse, to be completed in March with a recommendation on integrated child protection systems “which will strengthen measures against all forms of violence, including online abuse.”