Activities of Nadja HIRSCH related to 2010/0064(COD)
Shadow opinions (1)
OPINION 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
Amendments (16)
Amendment 82 #
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. 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 wWith 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 87 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Any possible personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters1 as well as in accordance with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector2 (e- Privacy Directive) and in accordance with the principles laid down in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, which all Member States have ratified. _____________ 1 OJ L 350, 30.12.2008, p. 60. 2 OJ L 201, 31.7.2002, p. 37.
Amendment 114 #
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) ‘child’ shall mean any person below the age of 18 years, in which connection due account shall be taken of membership of a recognised age group and the age of consent of a person below the age of 18 years, in accordance with the arrangements in force in the individual Member States;
Amendment 135 #
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 year. This shall not apply to child pornography within the meaning of Article 2(b)(iv).
Amendment 137 #
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 year. This shall not apply to child pornography within the meaning of Article 2(b)(iv).
Amendment 147 #
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that the following intentional conduct is punishableprevent or prohibit the following:
Amendment 151 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. In so far asMember States shall take the legislative or other measures required to ensure that the following circumstances, if they do not already form part of the constituent elements of the offences referred to in Articles 3 to 7, they shallcan be considered as aggravating circumstances for the purposes of this Directive:
Amendment 163 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called uponwhose primary task is to work in contact with children do not constitute an obstacle to the possibility, for those professionals, of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in Articles 3 to 7the life of a child is in danger or that a child is at risk of serious violence or serious harm.
Amendment 216 #
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) the offence was committed in the context of travel abroad, where such travel was organised or undertaken for committing any of the offences referred to in Articles 3 to 6;
Amendment 225 #
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 convictingwhen recruiting for professional activities which involve contacts 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. 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 312 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 314 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 318 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 320 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. 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 itabuse images.
Amendment 337 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.