Activities of Annalisa TARDINO related to 2022/0155(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Amendments (38)
Amendment 283 #
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that often cause long-lasting negative consequences on victims that need to be prevented and combated effectively in order to protect children’s rights and well- being , as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and also in order to avoid the risk of secondary victimisation and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 296 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse and more generally to safeguard minors online , in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which sometimes diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 301 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective, proportionate and coherent with national legislations and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovationin order to stimulate the development of innovative instruments to tackle child sexual abuse.
Amendment 309 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner without lowering child protection standards.
Amendment 322 #
Proposal for a regulation
Recital 13
Recital 13
(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopp, stopping and prosecuting perpetrators.
Amendment 325 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided based on best practices already enforced by Member States. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.
Amendment 331 #
Proposal for a regulation
Recital 15
Recital 15
(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public. For the purposes of the present Regulation and in order to avoid unecessary burdens and duplications especially for SMEs, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.
Amendment 336 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, child friendly self reporting mechanisms may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 366 #
Proposal for a regulation
Recital 21
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake as well as the likelihood that the material could be rapidly disseminated and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.
Amendment 396 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on the use of those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board should be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.
Amendment 405 #
Proposal for a regulation
Recital 28
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positives and avoid to the extent erroneous reporting to the EU Centre, providers should ensure human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children. Providers should ensure that staff carrying out such task is adequately trained.
Amendment 415 #
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection and in order to stop or limit its dissemination, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 422 #
Proposal for a regulation
Recital 35
Recital 35
(35) TheAny dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted, including the non- consensual dissemination of self generated material is a criminal offence that affects the rights of the victims depicted. Repeated dissemination of child sexual abuse material constitutes a form of revictimisation which could cause long- lasting negative consequences on the victim. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. Staff dealing with such cases shall be specifically trained to interact with victims of serious abuse.
Amendment 429 #
(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims or their legal representatives who request the removal or disabling of access of the material in question. That assistance should be user friendly and remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by thespecifically trained EU Centre staff in this regard, via the Coordinating Authorities.
Amendment 435 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authorities.
Amendment 465 #
Proposal for a regulation
Recital 64
Recital 64
(64) Given the sensitivity of the data concerned and with a view to avoiding any errors and possible misuse, it is necessary to lay down strict rules on the access to those databases of indicators and databases of reports, on the data contained therein and on their security. Such rules should be always handled by staff specifically trained for that purpose. In particular, the data concerned should not be stored for longer than is strictly necessary. For the above reasons, access to the database of indicators should be given only to the parties and for the purposes specified in this Regulation, subject to the controls by the EU Centre, and be limited in time and in scope to what is strictly necessary for those purposes.
Amendment 475 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) In order to strenghten prevention measures, the EU Centre shall cooperate with relevant national authorities to identify possible new patterns regarding child sexual abuse material as well as to lay down and disseminate contents to raise awareness and prevent child sexual abuse.
Amendment 476 #
Proposal for a regulation
Recital 69 b (new)
Recital 69 b (new)
(69b) To make the best use of survivors knowledge, the EU Centre shall consult with victims organisations and helplines to set up and improve victims support mechanisms as well as to analyse and explore new forms of online sexual abuses.
Amendment 482 #
Proposal for a regulation
Recital 72
Recital 72
(72) Considering the need for the EU Centre to cooperate intensively with Europol, the EU Centre’s headquarters should be located alongside Europol’s, which is located in The Hague, the Netherlands. The highly sensitive nature of the reports shared with Europol by the EU Centre and the technical requirements, such as on secure data connections, both benefit from a shared location between the EU Centre and Europol. It would also allow the EU Centre, while being an independent entity, to rely on the support services of Europol, notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anewThe EU Centre should conclude a headquarters agreement with the host Member State in a timely manner before it begins operations. In light of the case-law of the Court of Justice, the choice of the location of the seat should be made in accordance with the ordinary legislative procedure and should comply with the criteria laid down in this Regulation.
Amendment 483 #
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) Considering that a relevant number of child sexual material online present in the internal market is produced in Third countries, the EU Centre should cooperate with competent services in relevant international forum to prevent child sexual abuses at global level.
Amendment 590 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material including self-generated material disseminated without consent and the solicitation of children;
Amendment 604 #
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) 'victim' means a minor who suffered child sexual abuses offences including the non-consensual dissemination of self-generated material. For the purpose of excercising victim's rights listed in this Regulation, legal representatives shall be considered victims.
Amendment 633 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
Article 3 – paragraph 2 – point b – indent 2
– measures taken to enforce such prohibitions and restrictions and the ammount of human and financial resources dedicated to identify, analyse and assess the presence of child sexual abuse;
Amendment 641 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
– functionalities enabling age verification and parental control;
Amendment 687 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
Article 3 – paragraph 2 – point e – point iii – indent 3
– enabling users to share images or videocontents with other users, in particular through private communications.
Amendment 689 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
- The availability for users to search and contact other users based on age or location criteria;
Amendment 690 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)
Article 3 – paragraph 2 – point e – point iii a (new)
(iiia) The availability for users to create usernames that imply the user’s age or location.
Amendment 765 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) Setting up specific prevention measures to highlight risks related to the use of their service. Such communication shall be targeted to both minor users through child friendly means and parents.
Amendment 770 #
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(cb) setting up specific reporting mechanism, child friendly and easily accessibile. Such tools should be visible and easily accessible by the user from the direct comunication webpage.
Amendment 774 #
Proposal for a regulation
Article 4 – paragraph 1 – point c c (new)
Article 4 – paragraph 1 – point c c (new)
(cc) Setting up mechanisms to raise awareness among adult users to warn about potential violations of this Regulation.
Amendment 1014 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2
Article 7 – paragraph 7 – subparagraph 2
The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user and the other one an adult.
Amendment 1339 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 1343 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the personvictim making the request.
Amendment 1358 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonabladequate assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. The assistance shall be provided by staff specifically trained to interact with victims of serious abuses.
Amendment 1365 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 1540 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The seat of the EU Centre shall be The Hague, The Netherlands. […] The choice of the location of the seat of the EU centre will be made in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the EU center's execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the EU center is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; (db) it shall ensure its national child protection framework is of a proven quality and repute, and shall benefit from the experience of national authorities; (dd) it shall enable close cooperation with EU institutions, bodies and agencies; (de) it shall ensure digital security and connectivity with regards to physical and IT infrastructure and working conditions.
Amendment 1579 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(ba) Supporting national authorities to develop age-appropriate awareness material for minors, including specific campaigns on how to avoid risks while navigating the internet.
Amendment 1583 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
(bb) Support national authorities to develop awareness raising material targeted to adults, including parents and educators.