24 Amendments of Diana IOVANOVICI ŞOŞOACĂ related to 2024/0035(COD)
Amendment 36 #
Proposal for a directive
Recital 2
Recital 2
(2) Sexual abuse and sexual exploitation of children, including child sexual abuse material , which takes on new dimensions with the accelerated development of new methods springing from new technologies, including AI, constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. _________________ 2 OJ C 364, 18.12.2000, p. 1.
Amendment 38 #
Proposal for a directive
Recital 3
Recital 3
(3) In accordance with Article 6(1) of the Treaty on European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union, in which Article 24(2) provides that in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. Moreover, the EU Strategy for a more effective fight against child sexual abuse3 gives a clear priority to stepping up the fight against the sexual abuse and sexual exploitation of children and child sexual abuse material, including through actions aimed at ensuring the continued effectiveness of existing Union legislation, if needed through itswhich must be regularly updatinged. This is also supported by the EU Strategy on the rights of the child in its objective to fight violence against children and ensure child- friendly justice . _________________ 3 COM (2020) 607 of 24 July 2020.
Amendment 39 #
Proposal for a directive
Recital 7
Recital 7
(7) Serious criminal offences such as the sexual exploitation of children and the dissemination of sexual abuse material require a comprehensive approach covering the prosecution of offenders, together with the establishment of appropriate criminal penalties, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies, with a focus on implementing age-appropriate education programmes for potential child victims. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.
Amendment 45 #
Proposal for a directive
Recital 11
Recital 11
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years, and therefore also the methods for disseminating these images and videos. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.
Amendment 53 #
Proposal for a directive
Recital 12
Recital 12
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU and, as such, this calls for closer cooperation at the European level in order to identify and punish people who create and distribute such material, especially across borders, as well as education programmes aimed at both young people and parents or legal guardians, in order to prevent situations of sexual abuse against children.
Amendment 58 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should oblige Member States to provide, as soon as possible, for criminal penalties in their national legislation in respect of the provisions of Union law on combating sexual abuse and sexual exploitation of children and child sexual abuse material . This Directive should not create any obligations regarding the application of such penalties, or any other available system of law enforcement, in individual cases.
Amendment 59 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to also impose substantial financial penalties in addition to imprisonment.
Amendment 63 #
Proposal for a directive
Recital 23
Recital 23
(23) In light of recent and rapid technological developments, which are taking place at a much faster pace than punitive responses against instigators of sexual abuse and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.
Amendment 70 #
Proposal for a directive
Recital 29
Recital 29
(29) As an instrument of approximation of criminal law and of a potential EU-wide harmonisation of applicable penalties, this Directive provides for levels of penalties which should apply without prejudice to the specific criminal policies of the Member States concerning child offenders, especially when such actions extend beyond the borders of the state where the persons suspected of these kinds of activities are resident.
Amendment 75 #
Proposal for a directive
Recital 33
Recital 33
(33) Some forms of online child sexual abuse, such as the live streaming of abuse of children, often committed physically by persons present in third countries at the request of paying perpetrators in the EU, create particular investigative challenges, as the streamed abuse does not usually leave images or recorded traces behind. Cooperation with financial services defined in Article 2, point (b), of Directive 2002/65/EC of the European Parliament and of the Council15 and other relevant service providers can be crucial to overcome challenges in investigating and prosecuting such offences, especially when these are cross-border actions, from non- EU states and/or committed by non-EU nationals though non-EU companies. Hence, to ensure effective investigation and prosecution, Member States should consider providing frameworks for close cooperation between financial services and other relevant service providers such as providers of live streaming services. This would reduce impunity and ensure that all of the offences covered by this Directive can be investigated effectively, using targeted and appropriate tools and resources. _________________ 15 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, ELI: http://data.europa.eu/eli/dir/2002/65/oj).
Amendment 90 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States may choose to appoint existing bodies or entities, such as national Coordinating Authorities already designated in accordance with Regulation […/…/EU Proposed CSA regulation], as national authorities or equivalent mechanisms under this Directive, to the extent that this is compatible with the need to ensure that the tasks attributed to them under this Directive are performed effectively and in full, and to set up a system for cooperating with other EU Member States and the European Commission to monitor cases of abuse and to systematically adapt measures for combating this phenomenon based on how it evolves and on the methods used by paedophiles.
Amendment 98 #
Proposal for a directive
Recital 46
Recital 46
(46) Professionals likely to come into contact with child victims of sexual abuse and sexual exploitation should be adequately trained on a regular basis to identify and deal with such victims, while also taking into account the evolution of the methods used to lure victims. To ensure child-friendly justice throughout the investigation and prosecution of child sexual abuse and sexual exploitation cases, that regular training should be promoted for members of the following categories when they are likely to come into contact with child victims: police officers, public prosecutors, lawyers, members of the judiciary and court officials, child and health care personnel, professionals in the education sector, including in early childhood education and care, social services, providers of victim support and restorative justice services, but could also involve other groups of persons who are likely to encounter child victims of sexual abuse and sexual exploitation in their work, such as non-governmental organisations active in the field of children's rights.
Amendment 99 #
Proposal for a directive
Recital 47
Recital 47
(47) In order to prevent the sexual abuse and sexual exploitation of children, intervention programmes or measures targeting sex offenders or persons who it is suspected could commit such offences if they were to operate in a propitious environment for these types of offences, as well as a ban on their activities when they are in a propitious environment such as schools, high schools and other child education structures, should be proposed to them. Those intervention programmes or measures should meet a broad, flexible approach focusing on the medical and psycho-social aspects and have a non- obligatory character. Those intervention programmes or measures are without prejudice to intervention programmes or measures imposed by the competent judicial authorities.
Amendment 101 #
Proposal for a directive
Recital 51
Recital 51
(51) In the area of child sexual abuse, the phenomenon of offenders that regain access to children after a conviction or disqualification by moving to another jurisdiction from another EU or non-EU state is particularly widespread and worrisome. It is therefore crucial to take all necessary measures to prevent it. With due regard to the different legal traditions of the Member States, this Directive takes into account the fact that access to criminal records is allowed only either by the competent authorities or by the person concerned. This Directive does not establish an obligation to modify the national systems governing criminal records or the means of access to those records.
Amendment 102 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) To prevent and minimise recidivism, a system for cooperating with Europol and Interpol should be set up in order to corroborate existing information on offenders who are third-country nationals or nationals of EU countries, to facilitate access to information that is relevant for employers seeking to recruit staff for a position involving direct and regular contact with children, with the creation even of an offender registry and the potential monitoring of any changes in professional activity.
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child sexual abuse material, especially for the purpose of disseminating and selling it in exchange for money, shall be punishable by a maximum term of imprisonment of at least 3 years.
Amendment 178 #
Proposal for a directive
Article 5 – paragraph 8 – point d
Article 5 – paragraph 8 – point d
d. carry out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim, with a focus on the hidden part of the Internet, known as the dark web.
Amendment 213 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children, and that any change in activity that would lead to or facilitate direct and regular contact with children is monitored.
Amendment 257 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family or is orphaned after losing one or both parents.
Amendment 270 #
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings and limits access to the relevant proceeding to the number of people who are strictly necessary, in order to protect the child in question.
Amendment 285 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns aimed at children of different age categories and their families, on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .
Amendment 294 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities, focusing on children from rural areas, care establishments, orphanages or isolated areas, who may be more easily drawn in to such situations.
Amendment 298 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a
Article 28 – paragraph 4 – subparagraph 2 – point a
(a) dedicated medium- and long-term training and awareness raising activities for staff working in such settings;
Amendment 307 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. To prevent and minimise recidivism, a system for EU Member States and non-EU states alike to cooperate with Europol and Interpol should be set up in order to corroborate existing information on offenders who are EU or third-country nationals, to facilitate access to information that is relevant for employers seeking to recruit staff for a position involving direct and regular contact with children, with the creation even of an offender registry and the potential monitoring of any changes in professional activity and possibly their residence in another state.