19 Amendments of Sandro RUOTOLO
Amendment 62 #
2024/0035(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .
Amendment 137 #
2024/0035(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. The initiatives aimed at society at large should include campaigns that educate on how to react when confronted with the disclosure of abuse by a victim. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.
Amendment 148 #
2024/0035(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. Member States should work towards the prohibition of the use of terminology such as ‘teen’ or ‘child’ on all websites containing pornographic material, including those where the material itself is legal and does not consist of child sexual abuse material. _________________ 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1
Amendment 173 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depiction of the sexual organs or intimate parts of a child for primarily sexual purposes;
Amendment 176 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
(c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs or intimate parts of any person appearing to be a child, for primarily sexual purposes;
Amendment 182 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs or intimate parts of a child, for primarily sexual purposes;
Amendment 188 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d a (new)
Article 2 – paragraph 1 – point 3 – point d a (new)
(d a) any material, including audio, that describes a child engaged in real or simulated sexually explicit conduct, for primarily sexual purposes;
Amendment 205 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organs or intimate parts of a child for primarily sexual purposes;
Amendment 244 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 266 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 293 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, orn act or conduct is to be considered non-consensual also where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;
Amendment 396 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats, including the threat of sharing or disseminating intimate or manipulated materials.
Amendment 453 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video, including in a manipulated or altered version.
Amendment 564 #
2024/0035(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article20a Specialist support for child victims of child sexual abuse or sexual exploitation 1. Member States shall provide for appropriately equipped and easily accessible referral centres for victims of child sexual abuse or exploitation that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence. The centres referred to in the first subparagraph shall provide trauma- sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims, after the offence has been committed. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner. 2. Member States shall provide for child victims of sexual abuse or exploitation to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law. 3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week. 4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State. 5. Member States may provide that these centres are attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence.
Amendment 634 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 7 b (new)
Article 22 – paragraph 7 b (new)
7 b. Member States shall ensure that all protection measures devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.
Amendment 670 #
2024/0035(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article26a Organising or otherwise facilitating travelling for the purpose of sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that any act of organisation or facilitation for others, whether or not for commercial purposes, that assists any person in travelling for the purposes of committing any offences as referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.
Amendment 671 #
2024/0035(COD)
Proposal for a directive
Article 26 b (new)
Article 26 b (new)
Article26b Other offences related to sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children, include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8; and; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8.
Amendment 672 #
2024/0035(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed. This shall include channels with a low threshold of access such as helplines and online chats run by appropriately trained personnel. Member States shall equally ensure that resources and support groups are available for persons who fear that their family member might have committed any of the offences referred to in Articles 3 to 9.
Amendment 684 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , age-appropriate sexual education focusing on the notion of consent, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.