In the current digital era, children are increasingly exposed to new technologies from a very young age. Surprisingly, in 2023, the European Union, a champion in fighting for human rights, has yet to establish permanent legal regulations to protect children from online abuse. This is a crucial issue, as children represent our future, and the absence of legislation can result in irreparable harm.
Recently, in September 2023, a manifestation in front of the European Parliament called for the implementation of a law to protect children against online sexual abuse. An online petition with over 541,510 signatures underscored the urgency of this measure. However, legislative discussions have been marked by delays and controversies.
As Ashton Kutcher pointed out, “the right to pursue happiness for so many is stripped away, it’s raped, it’s abused, it’s taken by force, fraud and coercion, it is sold for a momentary happiness of another.” The lack of regulation can have long-term impacts, affecting not only the direct victims but also their relationships and the society.
Divergent opinions among European countries, coupled with complex points of discussion, have made decision-making challenging. However, it is imperative to highlight that the manifestation and the significant support for the petition demonstrate public demand for concrete actions.
Protecting children from online abuse should be a societal priority, surpassing economic interests. Childhood, our future foundation, deserves preventive and effective legislation. The absence of measures may result in an alarming increase in abuse, as indicated by statistics, revealing that 70% of child sex trafficking victims are traded online, according to a thorn survey.
In paraphrasing Ashton Kutcher, happiness cannot be simply given; it must be earned through generosity and purpose. Ensuring the right to a childhood free from online abuse not only protects future generations but also strengthens the foundation of a fairer and safer society.
The actual scenario
On August 3, 2024, the EU law on online service providers voluntarily detecting and reporting online child sexual abuse will expire. Consequently, new legislation is being proposed to compel online service providers to proactively prevent child sexual abuse on their platforms. In cases of prevention failure and a significant risk of child sexual abuse, the service provider could be temporarily obligated to detect and report such cases. The current system relying on voluntary detection by companies has proven inadequate for child protection and will become legally unsustainable after August 2024, especially for providers falling under the ePrivacy Directive.
The proposed Regulation primarily focuses on preventing child sexual abuse, requiring providers to assess and mitigate the risk of misuse proportionately, with robust conditions and safeguards in place. Detection is considered a last resort measure and would only be necessary if preventive measures fail. Interpersonal communication services (such as chat and messaging) and other online service providers, including gaming services, would be mandated to detect online child sexual abuse material, both known and new content, as well as activities related to the solicitation of children, commonly referred to as grooming.
Behind the curtain: statistics analysis
In 2021, a startling 62% of globally hosted Child Sexual Abuse Material (CSAM) found refuge within the European Union. Delving into public sentiment, a survey reveals that an overwhelming 89% of respondents advocate for the use of tools by online service providers to automatically detect known images and videos of child sexual abuse, even amid privacy considerations. Czechia demonstrates 81% support, rising to an impressive 95% in Portugal.
In 2022, the members of the research service from the European Parliament stated that “more than 32 million reports of suspect online child sexual abuse, represented a historical peak. Among these reports, those on grooming marked an 82% increase.”
Encryption complicates the fight against child exploitation, yet 83% of EU respondents express strong or general support for detecting child sexual abuse material and grooming within encrypted messages when a significant risk is identified. Romania (92%) and Portugal (91%) stand out as strong advocates, while Hungary and Latvia lag behind at 73%.
A joint survey by ECPAT and NSPCC underscores public consensus, with 95% of Europeans endorsing the need for laws safeguarding children from abuse. Digging into the darker corners of the internet, out of 156,300 URLs hosting CSAM in EU member states, a staggering 66% originated from the Netherlands, representing 41% of global hosting. France and Latvia follow at 9% each in the EU and 6% globally.
Notably, while the EU maintained its lead in hosting CSAM in 2021, a concerning shift is detected – the United States’ share increased to 21% up from 5% in 2020.
Zooming in on detection technology accuracy, the European Commission discloses a noteworthy 90% precision in identifying grooming practices online, a crucial aspect in preventing adults from orchestrating harmful encounters with minors.
As we navigate this digital landscape, the revelations demand urgent attention, pushing us to collectively address the challenges of online child safety in a rapidly evolving world.
Divergent opinions among European countries
Germany has faced a startling tenfold increase in the hosting of child pornographic content from 2020 to 2021. Despite this surge, Berlin has expressed skepticism about EU proposals aimed at addressing this alarming phenomenon, leaking to tension within the European landscape.
“The main opposition to the proposal comes from Germany and the Netherlands, while these countries are among the worst for hosting child sexual abuse material (CSAM).” – Susie Hargreaves, IWF Chief Executive
The UK is navigating the delicate balance between ensuring online safety and respecting user privacy. The Online Safety Bill has sparked debates, with concessions made to address concerns about the technical feasibility of scanning messages for harmful content. The bill proposes measures to hold major online platforms accountable for the content they host, with potential fines up to 10% of their annual global turnover.
“It’s only what’s actually written in the bill that matters… It’s kicking the can down the road.” – Mathhew Hodgson, CEO of UK-based Element
Poland emphasizes the importance of online privacy by design, challenging the necessity of specific regulations targeting online safety, such as those aimed at combating child sexual abuse material. This perspective underscores the diversity of opinions within Europe regarding the appropriate regulatory framework for online platforms.
“Online privacy by design is as important as online safety.” – Pawel Lewandowski, Polish Undersecretary of State
The European Union faces the complex task of harmonizing diverse opinions and approaches among its member states. The challenge is evident in debates over issues like end-to-end encryption, with some countries pushing for a ban while others emphasize its importance in protecting user privacy.
“Since it is generated by deepfake, the actual privacy of the person in question is not affected. The law is one step behind.” – Manuel Cancio, Criminal Law Professor, Autonomous University of Madrid
Across Europe, the rise of deepfakes, including explicit content featuring minors poses legal and ethical challenges. The legal frameworks in different countries, such as the Dutch Criminal Code, vary in their capacity to address the rapidly evolving landscape of online content creation, testing the limits of existing legislation.
“The same type of harm that the legislators wanted to tackle with the traditional approach also occurs in the new circumstances.” – Evert Stamhuis, Professor of Law and Innovation, Erasmus School of Law
As debates continue, there are calls for a technology-neutral and future-proof approach to online safety proposals. Some advocate for the responsible use of detection orders as a last-resort measure, emphasizing the inclusion of end-to-end encrypted services within the regulatory scope.
“The group asked for the use of detection orders to be a ‘last-resort measure’ but stressed that end-to-end encrypted services should be included in the scope.” – A group of ten member states, Belgium, Bulgaria, Cyprus, Hungary, Ireland, Italy, Latvia, Lithuania, Romania, and Spain
In essence, this legislative journey is not just about rules and obligations; it’s a narrative of resilience, empowerment, and a united front against a grave societal challenge.