Child abuse: EU Council gives the go-ahead to extend rules on removing online content
It will remain in force until 3 April 2028. It will enable platforms to track down and report child sexual abuse material, thereby strengthening the protection of victims
Key points
The European Council has given the final go-ahead for the extension of the provisional regulation which, by derogating from certain provisions of the e-Privacy Directive, allows platforms and online service providers to resume voluntary identification and removal of child sexual abuse material. Having expired on 3 April, the provisions will remain in force (for the time being) until 3 April 2028, whilst negotiations continue between the Parliament and the Council to establish a structural regulatory framework.
This is a major step forward. Ensuring that online service providers can independently track down images or videos that pose a risk can help (and not just a little) to identify, investigate and punish the perpetrators in a timely manner. But, above all, it helps to protect victims by limiting the risk of further abuse, reducing the online spread of such content and also combating secondary victimisation, which often continues to haunt survivors of sexual violence even decades later.
“Today is an important day for the protection of children. With this go-ahead, we will actively help to fill the regulatory gap that arose when the extension to the ePrivacy Directive’s derogation expired last April. The step taken first by Parliament and then by the Council today will enable online service providers to resume their efforts to combat the online abuse of children,” said Jim O’Callaghan, Ireland’s Minister for Justice, Home Affairs and Immigration. “There is no doubt about it: this is the right thing to do, and I am confident that this same sense of responsibility will help us reach an agreement on long-term rules. Protecting children must be our priority.”
What does the measure involve?
The measure is simply a derogation from certain data protection rules in the electronic communications sector and, as mentioned, enables online service providers to identify cases of abuse against under-18s on their platforms, report them and, ultimately, remove them. With this green light, the EU Council has aligned itself with the amendments made to the provisional regulation by the Parliament on 9 July and ensures a solid legislative framework pending the adoption of more comprehensive rules.
“With the adoption of the provisional regulation, online platforms now have clear legal guidelines for identifying and reporting child sexual abuse”, added Magnus Brunner, Commissioner for Home Affairs and Migration. “An essential step towards protecting children and bringing offenders to justice.”
