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DRAFT REPORT (COM(2024)0060 – C90028/2024 – 2024/0035(COD))

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)

LIBE-PR-761022

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jeroen Lenaers

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This draft report proposes amendments to the proposed directive on combating child sexual abuse and exploitation, covering definitions, penalties, victim support, and prevention.

Committee position. The rapporteur proposes amendments to strengthen the directive, including expanding definitions, increasing penalties, extending limitation periods, and improving victim support and reporting mechanisms.

Key points

  1. Defines child sexual abuse material to include instruction manuals on committing abuse and AI-generated realistic images.
  2. Replaces the term 'child pornography' with 'child sexual abuse material' in national law.
  3. Clarifies that children above the age of consent cannot consent to sexual abuse, and sets penalties for non-consensual acts with peers or non-peers.
  4. Requires aggravating circumstances for offences against young children or on discriminatory grounds.
  5. Encourages multidisciplinary structures based on the Barnahus model for child-friendly justice and support.
  6. Allows public-interest organisations to cooperate directly with service providers in notice and take-down procedures with law enforcement consent.
  7. Extends limitation periods for prosecution and compensation to at least 30, 35, or 40 years from the victim's age of majority, depending on the offence.
  8. Requires employers and organisations to check criminal records for staff, consultants, and volunteers in roles with child contact.
  9. Sets minimum fines for legal persons at 1% or 5% of worldwide turnover or EUR 8 million or 40 million, for offences with certain imprisonment thresholds.
  10. Mandates reporting obligations for professionals and volunteers in child protection, education, childcare, and healthcare sectors.
  11. Requires safe, confidential, child-friendly reporting mechanisms, including helplines and trained well-being officers on online platforms.
  12. Enhances cooperation with Eurojust and Europol for cross-border investigations and proceedings.

Who is affected

  • Child victims of sexual abuse and exploitation: receive comprehensive, specialised support and child-friendly reporting mechanisms.
  • Professionals and volunteers in child protection, education, childcare, and healthcare: must report suspected abuse.
  • Employers and organisations recruiting for child-contact roles: must request criminal record information.
  • Legal persons liable for offences: face fines based on worldwide turnover or fixed amounts.
  • Organisations acting in the public interest against child sexual abuse: may cooperate directly with service providers in takedown procedures.

Figures and deadlines

  • Maximum imprisonment of at least 8 years for non-consensual acts with a child above age of consent.
  • Maximum imprisonment of at least 12 years for non-consensual acts with a child above age of consent.
  • Fines of at least 1% of worldwide turnover or EUR 8 000 000 for offences with 2-year imprisonment threshold.
  • Fines of at least 5% of worldwide turnover or EUR 40 000 000 for offences with 3-year imprisonment threshold.
  • Limitation periods of at least 30, 35, or 40 years from the victim's age of majority.

Legal basis: Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union