Activities of Jean-Marie CAVADA related to 2010/0064(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 1 – point b – subpoint iii
Article 2 – paragraph 1 – point b – subpoint iii
(iii) any material that visually depicts any person appearing to beshowing a child or a virtual image of a child engaged in real or simulated sexually explicit conduct or any depiction ofshowing the sexual organs of any person appearing to be a child child, or a virtual image thereof, for primarily sexual purposes; or
Amendment 98 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which childrenadolescents and minors who are close in age may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among childrenminors who are close in age and adolescents, including through information and communication technologies.
Amendment 99 #
Proposal for a directive
Article 2 – paragraph 1 – point b – subpoint iv
Article 2 – paragraph 1 – point b – subpoint iv
(iv) realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, regardless of the actual existence of such child, or of a virtual image thereof for primarily sexual purposes.;
Amendment 102 #
Proposal for a directive
Recital 8
Recital 8
(8) Investigating offences and bringing charges in criminal proceedings should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools, including the activation of early warning systems, should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations. These investigations should be subject to prior authorisation by the relevant judicial authority in the Member State concerned and should be carried out under the supervision of that authority.
Amendment 107 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children, where appropriate. Implementation of such prohibitions throughout the EU should be facilitated. Procedures should be implemented in line with the legislation in force in the Member States.
Amendment 112 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Preventing the exploitation, abuse or sexual assault of children on the internet is an ethical and educational priority, with the upholding of children’s rights forming a basis for any preventive action.
Amendment 117 #
Proposal for a directive
Article 2 – point b – point iii
Article 2 – point b – point iii
(iii) any material that visually depicts any person appearing to beshowing a child or a virtual image of a child engaged in real or simulated sexually explicit conduct or any depiction ofshowing the sexual organs of any person appearing to be a child, for primarily sexual purposes; or
Amendment 120 #
Proposal for a directive
Article 2 – point b – point iv
Article 2 – point b – point iv
(iv) realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, regardless or of the acvirtual existencimage of sucha child, for primarily sexual purposes.;
Amendment 149 #
Proposal for a directive
Article 8
Article 8
The provisions of Article 3 (2), with regard to witnessing sexual activities, and (3); Article 4 (2) and (4) and Article 5 do not govern consensual sexual activities between childrenadolescents or involving personminors who are close in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse.
Amendment 155 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that legal persons may be held liable for any of the offences referred to in Articles 3 to 7 committed for their benefit by anyby any natural person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on one of the following:
Amendment 160 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall take the necessary measures to ensure that effective investigative tools are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 3 to 7, allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved. These provisions must be subject to prior authorisation by the relevant judicial authority in the Member State concerned and must be carried out under the supervision of that authority.
Amendment 170 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The Member States shall take the necessary measures to ensure that prevention campaigns are mounted in primary and secondary schools with a view to enabling children to enhance their understanding of the rights of every individual, of self-respect and respect for others, and helping them recognise awkward, intrusive or abusive situations.
Amendment 172 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. The Member States shall take the necessary measures to mount information campaigns and campaigns aimed at preventing the risks of child pornography, focusing in particular on the ways of detecting and preventing offences.
Amendment 173 #
Proposal for a directive
Article 18 – paragraph 4 b (new)
Article 18 – paragraph 4 b (new)
4b. The Member States shall take the necessary measures to help and encourage teachers, social workers, youth leaders and all those working with children to develop, within their syllabuses or activities, media and internet education in order to teach children to react in ways that might save them from harm. It is vital that children be taught how to surf the internet safely.
Amendment 174 #
Proposal for a directive
Article 18 – paragraph 4 c (new)
Article 18 – paragraph 4 c (new)
4c. The Member States shall take the necessary measures to ensure that educational measures are included in the aims and values that underpin all levels of primary and secondary schooling. It is vital to develop attitudes that are shaped by respect and justice, enabling children to develop self-respect and respect for others, as well as respect for institutions and for their environment. Only if someone is ready to listen to them will children be able to become aware of any abuse they may have been subjected to or recognise an awkward or intrusive situation they may have experienced.
Amendment 185 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The Member States shall take the necessary measures to increase the accountability of internet service providers in accordance with Directives 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society1 and 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights2, and with the Order of the Court of Justice of the European Union of 19 February 2009 in case C-557/07, LSG- Gesellschaft zur Wahrnehmung von Leistungsschutzrechten GmbH v Tele2 Telecommunication GmbH3, with a view to persuading these providers to deny access to child pornography websites of which they are aware. 1 OJ L 167, 22.6.2001, p. 10. 2 OJ L 157, 30.4.2004, p. 45. 3 OJ C 113, 16.5.2009, p. 14.