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DRAFT OPINION (COM(2022)0209 – C90174/2022 – 2022/0155(COD))

On the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse

IMCO-PA-740727

Committee on the Internal Market and Consumer Protection · Rapporteur: Agius Saliba

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This is the draft opinion of the Committee on the Internal Market and Consumer Protection on the proposed regulation to prevent and combat child sexual abuse. It supports the proposal's objective but proposes amendments to align it with the Digital Services Act and add safeguards. The amendments narrow the scope to number-independent interpersonal communications services, delete obligations for software application stores and internet access services, and limit detection orders to known child sexual abuse material. They add new provisions on encryption, user notification mechanisms, and compensation for users, and strengthen safeguards such as human oversight and redress.

Committee position. The committee supports the proposal's objective but proposes amendments to align it with the Digital Services Act, narrow its scope, add safeguards for fundamental rights, and introduce new provisions on encryption, notification, and compensation.

Key points

  1. The rapporteur supports the proposal's objective to prevent and combat child sexual abuse online and proposes amendments to improve legal clarity and coherence with the Digital Services Act.
  2. The amendments limit the regulation's scope to number-independent interpersonal communications services, excluding number-based services, and delete obligations for software application stores and internet access services.
  3. Providers must conduct risk assessments specific to their services, considering systemic risks and negative effects on fundamental rights, and update them regularly.
  4. Providers must take reasonable, proportionate and targeted mitigation measures, including adapting design for privacy and safety by default, and reinforcing awareness-raising.
  5. Detection orders can only be issued as a last resort, for a limited time, and solely for detecting known child sexual abuse material, not new material or solicitation.
  6. Detection orders must be targeted and time-limited, with a maximum duration of 24 months, and include safeguards such as human oversight and redress rights.
  7. Providers must establish user-friendly notification mechanisms for reporting child sexual abuse and ensure sufficient resources to process notifications.
  8. Nothing in the regulation prohibits or undermines encryption; member states must not prevent providers from offering encrypted services.
  9. Providers must report alleged child sexual abuse to law enforcement and the EU Centre, and notify users of decisions on reported content.
  10. Users and mandated bodies have the right to lodge complaints and seek compensation for damages due to infringements by providers.
  11. Providers must submit annual reports with detailed information on detection orders, notifications, and effectiveness of measures.

Who is affected

  • Providers of hosting services and number-independent interpersonal communications services, who must conduct risk assessments and take mitigation measures.
  • Providers of software application stores, whose specific obligations are deleted.
  • Providers of internet access services, whose blocking obligations are deleted.
  • Users of relevant information society services, who gain rights to notification, complaint, and compensation.
  • Member states, which must not prevent providers from offering encrypted services.

Figures and deadlines

  • Detection orders for known child sexual abuse material shall not exceed 24 months.
  • Removal orders must be executed within 24 hours of receipt.
  • Delegated acts power conferred for a period of 5 years.
  • Annual reports must be made available by 31 January each year.

Legal basis: Article 114 of the Treaty on the Functioning of the European Union