29 Amendments of Margarita DE LA PISA CARRIÓN related to 2022/0155(COD)
Amendment 50 #
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 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 to protect families and 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 54 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Service providers must ensure that the online environment protects users, especially children, and must prevent publications that may automatically display content liable to foster the development of addictions, for instance to pornography, drugs or gaming, or aggressive content that manipulates or coerces users’ free will or decision- making abilities, particularly among minors, who are in the midst of the personal development process.
Amendment 60 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Abuse, exploitation and sexual violence against children are becoming more and more commonplace due to fast and advanced ICT (such as webcams, live streaming, social media platforms or computer games); there is a differentiation between genders in terms of online child sexual abuse, where girls are the main target group and are two to three times more vulnerable to sexual abuse than boys; we should note that statistics on the abuse of boys are often underestimated and such cases are less frequently reported;
Amendment 65 #
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 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 innovation.
Amendment 126 #
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse. The EU Centre will act as a centre of expertise by collecting, facilitating and disseminating good practice. Its expertise will enable it, in particular, to issue proposals concerning the prevention of the risks of exposing children to pornography and the dangers associated with children being over- exposed to screens.
Amendment 384 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services shall not be legally liable for child sexual abuse offences solely becausif in good faith and with due diligence they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.
Amendment 385 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Victims’ right to information and access to support
Amendment 389 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where they reside, age-appropriate information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.
Amendment 391 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where they reside, information about universal services and victim support services, taking into consideration their age and gender. Persons with disabilities shall have the right to request such information and receive it in a manner which is accessible to them.
Amendment 405 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union thatassistance to persons residing in the Union, upon their request or on the request of their legal guardian or legal representative, when they 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.
Amendment 409 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.
Amendment 415 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Providers of hosting services and providers of interpersonal communications services shall preserve the necessary content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable:
Amendment 416 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b
Article 22 – paragraph 1 – subparagraph 1 – point b
(b) reporting information concerning potential online child sexual abuse to the EU Centre pursuant to Article 12;
Amendment 424 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. Each Member State shall ensure that a section or department is designated or established within the Coordinating Authority’s office, responsible for creating and disseminating information campaigns aimed at raising awareness amongst the public, especially children, with particular consideration of the gender and age of the potential recipients. The creation and dissemination process should be implemented in consultation and collaboration with the appropriate and competent national bodies.
Amendment 426 #
Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)
Article 25 – paragraph 7 – point a a (new)
(aa) providing information in terms of expertise and developed techniques for preventing online child abuse and the online dissemination of materials depicting sexual child abuse, with particular consideration of age and gender;
Amendment 428 #
Proposal for a regulation
Article 25 – paragraph 7 – point a b (new)
Article 25 – paragraph 7 – point a b (new)
(ab) providing support in developing preventative measures, including: public- awareness-raising campaigns, programmes to improve digital skills and skills in terms of using the Internet and online safety, ensuring support and access to specialist services and support services for child sexual abuse victims and children in difficult situations.
Amendment 434 #
Proposal for a regulation
Article 25 – paragraph 9 a (new)
Article 25 – paragraph 9 a (new)
9a. When communicating with or making decisions affecting the victims or persons in high-risk groups, the coordinating body should fully respect human and civil rights of dignity and privacy, as well as take into consideration the gender and age of the victim or party involved.
Amendment 464 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part
Article 43 – paragraph 1 – point 6 – introductory part
(6) facilitate the generation and sharing of knowledge withof knowledge, the development of tools and techniques and their sharing with and between other Union institutions, bodies, offices and agencies, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:
Amendment 466 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise, with particular consideration of age and gender, on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51;
Amendment 468 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research and expertise on those matters, with particular consideration of age and gender, on matters concerning the prevention and combating of online child sexual abuse and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy;
Amendment 475 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
Article 43 – paragraph 1 – point 6 a (new)
6a) When communicating with or making decisions affecting the victims or persons in high-risk groups, the EU Centre should fully respect human and civil rights of dignity and privacy, as well as take into consideration the gender and age of the victim or party involved.
Amendment 483 #
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The EU Centre shall collect, record, analyse and make available relevantto the competent national and EU bodies relevant, anonymous, objective, reliable and, comparable information, taking into consideration age and gender, on matters related to the prevention and combating of child sexual abuse, in particular:
Amendment 488 #
3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage and support research, surveys and studies, taking into consideration age and gender, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission.
Amendment 492 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. All EU Centre actions should take particular account of age, should be adapted to the specifics and variable requirements of the gender of the recipients, and should fully respect personal dignity and privacy.
Amendment 495 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where necessary for the performance of its tasks under this Regulation, the EU Centre mayshould cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations.
Amendment 508 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse, taking into account objective and neutral sexual criteria, relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 521 #
Proposal for a regulation
Article 64 – paragraph 4 – point p
Article 64 – paragraph 4 – point p
(p) fostering recruitment of appropriately skilled and experienced EU Centre staff, while ensuring gender balancebased on objective and sex- neutral criteria..
Amendment 523 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their expertise and skills, taking into account objective and neutral sexual criteria and in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.
Amendment 536 #
Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 2
Article 83 – paragraph 2 – point a – indent 2
– where the report led to the launch of a criminal investigation or contributed to an ongoing investigation, the state of play or outcome of the investigation, including whether the case was closed at pre-trial stage, whether the case led to the imposition of penalties, whether victims were identified and rescued and if so their numbers differentiating by gendersex and age, and whether any suspects were arrested and any perpetrators were convicted and if so their numbers;