Combating sexual abuse & child sexual abuse material (CSAM Regulation (proposal))
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Summary
This file concerns the EU proposal for a Regulation laying down rules to prevent and combat child sexual abuse, including online child sexual abuse material (CSAM) and solicitation of children (grooming). It would establish a permanent framework for risk assessment and mitigation by certain online service providers, and for orders to detect, report and remove CSAM, alongside safeguards and oversight. The proposal also foresees the creation of an EU Centre to support implementation and coordination.
Who is affected?
Providers of relevant online services (notably hosting services and interpersonal communications services), national competent authorities and courts/independent authorities involved in issuing and supervising orders, and the EU Centre to be established under the Regulation.
Scope
Applies to the provision of certain online services in the EU and sets conditions and procedures for preventing, detecting, reporting and removing online child sexual abuse, including cross-border cooperation mechanisms.
Key Points
- Proposed Regulation establishing a permanent EU framework to prevent and combat online child sexual abuse (CSAM) and grooming.
- Obligations for in-scope providers to assess and mitigate risks of misuse of their services for child sexual abuse.
- Mechanisms for competent authorities to issue orders (subject to conditions and safeguards) to detect, report and remove CSAM and to address solicitation of children.
- Reporting and referral flows intended to support law enforcement action and victim protection, with oversight requirements.
- Establishment of an EU Centre to support implementation, coordinate, and provide expertise/assistance (exact tasks subject to final text).
Key Deadlines
- — Commission proposal published
- — IMCO committee referral
- — FEMM committee referral
- — CULT committee referral
- — Committee referral announced in Parliament, 1st reading
- — Referral to associated committees announced in Parliament
- — Vote in committee, 1st reading
- — Committee report tabled for plenary, 1st reading
- — Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
- — Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
Related Regulations
Frequently Asked Questions
Who must comply with the CSAM Regulation proposal?
Providers of relevant online services, such as hosting services and interpersonal communications services, operating in the EU must comply. National competent authorities, courts, and the future EU Centre also have roles and obligations under the Regulation.
What is the main objective of the CSAM Regulation proposal?
The proposal aims to establish a permanent EU framework to prevent and combat child sexual abuse, particularly online child sexual abuse material (CSAM) and grooming. It sets out obligations for service providers to assess, mitigate, detect, report, and remove such content.
Which online services are covered by the Regulation?
The Regulation applies to providers of certain online services, notably hosting services and interpersonal communication services, that are accessible within the EU. The exact scope and definitions are detailed in the proposal's text.
What are the key obligations for online service providers?
Providers must assess and mitigate risks of their services being misused for child sexual abuse, comply with detection, reporting, and removal orders, and cooperate with authorities. They must also implement safeguards and report on their compliance.
How are detection, reporting, and removal orders issued and supervised?
Competent national authorities can issue orders to detect, report, or remove CSAM or address grooming, subject to strict conditions and safeguards. Courts or independent authorities supervise the issuance and execution of these orders.
What penalties apply for non-compliance?
The proposal foresees penalties for providers that fail to comply with their obligations, including fines. The exact nature and scale of penalties will be set out in the final text and may vary depending on the severity of the breach.
How does the Regulation interact with other EU laws?
The Regulation is designed to complement existing EU laws on digital services, privacy, and law enforcement cooperation. It establishes specific procedures and safeguards to ensure consistency with the Charter of Fundamental Rights and other regulations.
What practical steps should providers take to comply?
Providers should implement risk assessment and mitigation measures, establish procedures for responding to orders, train staff, and maintain records of compliance. They should also prepare to cooperate with the EU Centre and national authorities.
What is the role of the proposed EU Centre?
The EU Centre will support implementation of the Regulation, coordinate cross-border cooperation, provide expertise, and assist with referrals and victim protection. Its precise tasks and powers will be defined in the final Regulation.
When will the Regulation become applicable?
As of now, the Regulation is still a proposal and not yet in force. Timelines for application will depend on the legislative process and will be specified in the final adopted text.
Key Terms
- CSAM (Child Sexual Abuse Material)
- Any material that visually depicts a child engaged in real or simulated sexually explicit conduct, as defined under EU law.
- Detection Order
- A legally binding order issued by a competent authority requiring a service provider to detect known or new CSAM or grooming activities on their services.
- Removal Order
- An order mandating a provider to remove or disable access to identified CSAM on their services within a specified timeframe.
- Risk Assessment
- A process whereby service providers evaluate the likelihood and impact of their services being misused for child sexual abuse, and identify mitigation measures.
- Mitigation Measures
- Actions taken by service providers to reduce the risk of their services being used for child sexual abuse, such as technical safeguards or user monitoring.
- EU Centre
- A new entity to be established under the Regulation to coordinate implementation, provide expertise, and support cross-border cooperation against online child sexual abuse.
- Competent Authority
- A national body designated to issue, supervise, and enforce orders related to detection, reporting, and removal of CSAM.
- Interpersonal Communication Service
- A digital service enabling direct interpersonal and interactive exchange of information, such as messaging or chat services.
- Grooming (Solicitation of Children)
- The act of establishing contact with a child online for the purpose of sexual abuse or exploitation.
- Reporting Obligation
- The duty of service providers to promptly report detected CSAM or grooming activities to the relevant authorities or the EU Centre.