17 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2024/0035(COD)
Amendment 50 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Facilitate cross-border collaboration to track and combat AI- driven infrigement effectively with no delay and efficiently.
Amendment 74 #
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. 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. ensuring the swift conclusion of the procerures schould include immediate blocking and removing harmful content promptly and granting access to necessary material for law enforcement to effectively pursue and prosecute offenders. This approach safeguards victims while holding perpetrators accountable. _________________ 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 121 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; including material created using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;
Amendment 173 #
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 sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. This includes accessing material through anonymized networks, such as the dark web, or using tools designed to obscure activity.
Amendment 176 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. This provision shall include materials created using AI, deepfake technologies, or virtual reality tools.
Amendment 179 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. It shall be within the discretion of Member States to decide whether this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (3)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. Member States are encouraged to provide explicit criteria for assessing such cases, including clear definitions of “realistic depictions” and the use of technological tools to identify manipulated or synthetic materials.
Amendment 185 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, including the use of chatbots or AI-generated communications designed to engage children, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .
Amendment 240 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings, including gender-sensitive services addressing the specific needs of girls and women, in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.
Amendment 244 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of child victims.
Amendment 252 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26 . These centres shall also provide gender-sensitive services for women and girls who are victims of exploitation or abuse. _________________ 26 COM(2022) 105 of 08.03.2022.
Amendment 253 #
Proposal for a directive
Article 21 – paragraph 9 – point c a (new)
Article 21 – paragraph 9 – point c a (new)
(c a) (c a) ensuring that collected information includes best practices on addressing the specific needs of girls and women as victims of sexual abuse and exploitation;
Amendment 265 #
Proposal for a directive
Article 22 – paragraph 3 – point f a (new)
Article 22 – paragraph 3 – point f a (new)
(f a) culturally and linguistically appropriate measures are taken to ensure the child victim can effectively communicate their testimony, including access to interpreters where necessary;
Amendment 266 #
Proposal for a directive
Article 22 – paragraph 3 – point g
Article 22 – paragraph 3 – point g
(g) medical examinations of the child victim for the purposes of the criminal proceedings are as limited as possible and are carried out by professionals trained for this purpose, using gender-sensitive and trauma-informed approaches.
Amendment 283 #
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 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 , including psychological support and monitoring, while ensuring confidentiality and anonymity.
Amendment 289 #
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 for parents, educators and minors, 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.
Amendment 299 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
(c a) implementing technological solutions in online environments frequently accessed by children to proactively monitor and block harmful content, with safeguards to ensure data privacy and security.
Amendment 308 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. To enhance the effectiveness of measures under this Article, Member States shall require online platforms, including social media platforms, to implement automated detection and reporting systems for child sexual abuse material. These systems must adhere to strict data protection regulations, prioritize the principles of necessity and proportionality, and incorporate mechanisms for human oversight to minimize errors and ensure accountability.