Sittings · Document
On the proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jeroen Lenaers
Parliament's amended version of the proposed directive on combating child sexual abuse and exploitation updates definitions, raises penalties, and strengthens prevention and victim support.¶¶¶ It expands child sexual abuse material to include AI-generated content and instructions, criminalizes new offences, and abolishes limitation periods for prosecution.¶¶¶ It mandates reporting by professionals, establishes support structures, and requires gender-sensitive measures.¶¶¶
Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal, strengthening definitions, penalties, and victim support.¶¶
Key points
- Defines child sexual abuse material to include realistic images created by any means, including AI, and instructions on committing offences.¶¶¶
- Introduces a definition of consent and requires that non-consensual acts be punishable, with absence of consent not refuted by silence or past conduct.¶¶¶
- Raises minimum penalties for sexual abuse, exploitation, and child sexual abuse material offences, including for AI-related tools.¶¶¶
- Criminalizes solicitation of children, including via technology, and adds new offences like travelling for sexual abuse and extortion.¶¶¶
- Requires member states to abolish limitation periods for offences, ensuring prosecution and compensation claims are not time-barred.¶¶¶
- Mandates that professionals and volunteers in close contact with children report suspicions, with exemptions for certain programmes.¶¶
- Requires accessible, child-friendly reporting mechanisms, including third-party reporting and helplines, and prohibits data transfer on residence status.¶¶¶
- Ensures victim support and protection, including free healthcare, referral centres, and Barnahus-based multidisciplinary structures.¶¶¶
- Adds aggravating circumstances for offences motivated by protected grounds or where the offender posed as a minor.¶¶¶
- Requires employers to check criminal records for roles involving children and allows disqualification from professional and voluntary activities.¶¶¶
- Sets fines for legal persons at up to 5% of worldwide turnover or EUR 40 million, whichever is higher.¶¶
- Mandates training for professionals and prevention measures, including awareness campaigns and child safeguarding policies.¶¶¶
Who is affected
- Child victims and survivors of sexual abuse, who gain expanded rights to support, compensation, and protection.¶¶¶
- Professionals and volunteers in contact with children, who face mandatory reporting obligations and training.¶¶
- Employers and organisations recruiting for child-related roles, who must request criminal record information.¶
- Hotlines and organisations acting in the public interest, which may receive legal frameworks for processing material.¶¶¶
- Legal persons, such as companies, face fines for offences, potentially impacting their finances.¶¶
Figures and deadlines
- Maximum term of imprisonment of at least 10 years for sexual activities with a child below age of consent.¶
- Maximum term of imprisonment of at least 16 years for certain aggravated offences.¶¶
- Fines of not less than 1% of total worldwide turnover or EUR 8 000 000 for offences with 2-year penalties.¶
- Fines of not less than 5% of total worldwide turnover or EUR 40 000 000 for offences with 3-year penalties.¶
- Maximum term of imprisonment of at least 8 years for coercing a child to share intimate material.¶
Legal basis: Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union¶
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