EU must close legal gap to protect children from sexual abuse online: UN experts

As the world marked Safer Internet Day, UN human rights experts urged this 10 February 2021 the European Union to reach agreement on temporary legislation to allow for the continued use of technological tools to tackle online child sexual abuse.

Reports prepared by tech companies using these tools have become key elements in law enforcement agency investigations, helping identify, locate and rescue victims, as well as bringing perpetrators to justice.

The implementation of the European Electronic Communication Code (EECC) on 21 December 2020 extended the EU’s communications regulatory framework to effectively ban the use of these tools.

The experts are deeply concerned by the impact on reports of child sexual abuse online.

“This is not a hypothetical problem. This impasse is already having a serious impact on reporting,” said the UN Secretary-General’s Special Representative on Violence Against Children, Najat Maalla M’jid. “We know that with fewer reports, there will be fewer investigations. This hampers the ability of law enforcement agencies to do their job and keep children safe.”

The US National Center for Missing and Exploited Children has recorded a 46 percent drop in the number of EU-related reports to its CyberTipline submitted by technology companies, comparing the three weeks before and three weeks after the EECC became effective in December.

“The fact that there currently exists no legislation within the EU, that allows for the technology companies to detect and report child  sexual abuse online is very concerning to me,” said Mama Fatima Singhateh, the Special Rapporteur on sale and sexual exploitation of children. “If no agreement is reached to finalise and pass the temporary derogation, many children will continue to be abused with impunity with no hope in sight for assistance.”

“Thus it’s crucial,” urged Joseph Cannataci, the Special Rapporteur on the right to privacy, that States “review their legal frameworks to enable voluntary action by companies to lawfully and proportionately detect online child sexual abuse while still maximising protection of privacy.”

The experts said the data on reduced reporting is especially worrying given evidence of increased risk to children during the COVID-19 pandemic. Europol has warned of increased activity relating to child sexual abuse and exploitation on both the surface web and dark web. A law enforcement survey released last month by tech company NetClean confirmed that the pandemic has led to a global increase in online child sexual abuse crime, with two in three police officers reporting that social restrictions and school closures have affected online child sexual abuse crime.

Against this background, the experts urge swift action by the European Union to close the legal gap in children’s protection from sexual abuse online.

Cassien Tribunal Aungane, Editor