The European Commission today announced that AI-generated images depicting child sexual abuse (CSA) and other forms of deepfakes will be criminalized in the European Union under plans to update existing laws in line with technological developments. It was announced that there is a possibility that
It also proposes creating a new criminal law called live streaming of child sexual abuse. The plan would also criminalize the possession and exchange of “pedophile manuals”. The EU says this is part of wider measures aimed at strengthening prevention of CSA, including by raising awareness of online risks and the ease with which pedophiles can spread the virus. For victims to report crimes and obtain assistance, including entitlement to financial compensation.
The proposal to update the EU's current rules in this area, which date back to 2011, also includes changes to reporting obligations for crimes.
Back in May 2022, the European Commission introduced a separate CSA-related bill, requiring digital services to use automated technology to detect and report existing or new child sexual abuse material (CSAM) in circulation. The aim is to establish a framework that mandates Identify and report grooming activities directed at children on the Platform.
The CSAM scanning plan has proven to be highly controversial, continuing to divide the opinion of members of Parliament and the Council, as well as raising suspicions about the relationship between the European Commission and child safety technology lobbyists. and raises other thorny questions for the EU executive. over a legally questionable foray into micro-targeted advertising to promote the proposal.
The European Commission's decision to prioritize the targeting of digital messaging platforms in response to CSA has attracted much criticism, with lawmakers saying they are focusing on the wrong areas in combating complex social issues. Regarding the proposal – which may have created pressure to follow suit. (Of course, that's not what the committee says; it describes today's package as “complementary” to his earlier CSAM scan proposal.)
That said, less than two years after the controversial private message scanning plan was presented, there are still concerns that the technology is being exploited to generate CSAM. , there has been a significant increase in attention to the risks surrounding deepfakes and AI-generated images. And they worry that this synthetic content could make it more difficult for law enforcement to identify real victims. So the viral boom in generative AI provides a clear incentive for lawmakers to rethink the rules.
“Both the increasing presence of children online and the development of technology are creating new possibilities for abuse,” the European Commission suggests in a press release today. It also says the proposal aims to “reduce rampant impunity for online child sexual abuse and exploitation.”
An impact assessment carried out by the committee prior to submission of the proposal identified children's increasing online presence and “latest technological developments” as areas creating new opportunities for CSA to occur. It was done. It also said it was concerned that differing legal frameworks in member states were hampering action to combat abuse and wanted to improve on current “limited” efforts to prevent CSA and support victims. .
“Rapidly evolving technology is creating new possibilities for online child sexual abuse, posing challenges for law enforcement to investigate this extremely serious and widespread crime,” said Interior Secretary Ylva.・Johansson added in a statement of support. “Strong criminal laws are essential, and today we are taking an important step to ensure effective legal means to save children and bring perpetrators to justice. We are fulfilling our commitments in the EU Strategy for a more effective fight against child sexual abuse, published in July.”
Regarding children's online safety risks, the European Commission's proposals aim to encourage Member States to step up their investment in “awareness-raising”.
As with the CSAM scan plan, it is up to the EU co-legislators in Parliament and the Council to decide on the final form of the proposal. And there is limited time for talks ahead of parliamentary elections and the commission's restart later this year. That said, today's proposals to combat CSA may prove less divisive than message scanning plans. Therefore, it may be adopted while others are stagnant.
According to the European Commission, if an agreement is reached on how to amend the current directive on countering CSA, the directive will come into force 20 days after publication in the EU Official Journal.