Activities of Timothy KIRKHOPE related to 2010/0064(COD)
Plenary speeches (1)
Sexual abuse and sexual exploitation of children and child pornography - Children's rights in the European Union (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA PDF (658 KB) DOC (838 KB)
Amendments (22)
Amendment 44 #
Proposal for a directive
Recital 1
Recital 1
(1) Sexual abuse and sexual exploitation of children, including child pornography constitute serious violations of the law and of fundamental rights, in particular the rights of the child to protection and care as is necessary for his or her well-being as stipulated by the UN Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union.
Amendment 46 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Sexual abuse mainly occurs by a person familiar to the child and can occur within the home, school, community, youth or religious groups or state care for children.
Amendment 85 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. Any webpage containing sexual abuse images of children originating from an EU Member State should be removed. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 1 – point b – subpoint iv a (new)
Article 2 – paragraph 1 – point b – subpoint iv a (new)
(iva) child pornography does constitute a form of child abuse;
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Profiting from or otherwise exploiting a child participating in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly aAttending pornographic performances involving the participation of children shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 135 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Recruiting a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing a child to participate in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 146 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Profiting from or otherwise exploiting a child participating in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least five yearsaid down by the Member State.
Amendment 154 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 156 #
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least eight yearsaid down by the Member State.
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Recruiting a child to participate in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least eight yearsaid down by the Member State.
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
11. Coercing a child into child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least ten yearsas laid down by the Member State.
Amendment 173 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one yearas laid down by the Member State.
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least one yearas laid down by the Member State.
Amendment 181 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 187 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child pornography shall be punishable by a maximum term of imprisonment of ats least five yearsaid down by the Member State.
Amendment 199 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The proposal, by means of information and communication technology, by an adult to meet a child who has not reached the age of sexual consent under national law, for the purpose of committing any of the offences referred to in Articles 3 (3) and Article 5 (6), where this proposal has been followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 226 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take the necessary measures to ensure that the measure referred to in paragraph 1 is entered in the criminal record of the convicting Member State. Member States shall take the necessary measures to ensure that when recruiting for any activity which involves close proximity with children, employers shall be entitled to obtain information from competent authorities concerning the existence of convictions for an offence referred to in Articles 3 to 7 or of any additional measure related to those convictions which prevents them from exercising activities involving contacts with children. If serious suspicion should arise during working relations, employers may, in accordance with national law, request such information even after the recruitment procedure. Member States authorities shall ensure, by any appropriate means and in accordance with national law, that such information may also be obtained from the criminal records held in other Member States.
Amendment 329 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking ofremoval at source of the web page containing or disseminating child pornography. Any webpage containing sexual abuse images of children originating from an EU member State should be removed. In addition, in order to protect the best interest of the child, Member States may set up procedures to block access by Internet users in their territory to Internet pages containing or disseminating child pornography in accordance with national law. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging it.