In our increasingly digital world, the protection of children from sexual exploitation and abuse (CSEA) has become a pressing concern. As the internet becomes a central part of our lives, it has also become a platform where children are vulnerable to forms of exploitation, including the creation and distribution of child sexual abuse material (CSAM) and online grooming. It is imperative for states to establish robust and uniform legislation to combat these threats.

CESAGRAM has published a legal report (Deliverable 2.3) which delves into the legal landscape aimed at safeguarding children from all forms of CSEA, particularly focusing on (tech-facilitated) grooming, across international, European Union (EU), and national levels (Belgium, France, Lithuania, Greece, Italy and the UK).

International and Supranational Efforts

The report commences with an examination of the relevant international and supranational legal frameworks that govern the protection of children. Key entities like the United Nations, the Council of Europe, and the EU have introduced critical legal instruments to combat CSEA. Notable among these are the Lanzarote Convention and the EU’s Directive 2011/93/EU, which set the groundwork for protecting children from sexual exploitation and abuse.

Furthermore, with the rise of technology as a tool for exploitation, there is a growing emphasis on the role of tech companies in the area of fighting CSEA. The EU’s proposed CSAM Regulation, the Digital Services Act, and the UK’s Online Safety Act are significant examples of such legal steps which aim to regulate how tech companies prevent and respond to CSAM and grooming on their platforms and services.

Identifying Gaps in Legal Frameworks

Drawing from an extensive legal analysis, the report uncovered several legal gaps and uncertainties. For instance, there is ambiguity in the scope of CSAM provisions and gaps in the scope of grooming provisions.

More specifically, both the Lanzarote Convention and Directive 2011/93/EU include in their articles on grooming a reference to information and communication technologies, which indicates that only online grooming is included in the scope. Additionally, the definition of grooming covers only certain CSEA crimes and protects children who have not reached the age of sexual consent. Furthermore, grooming is only made punishable where the proposal was followed by material acts leading to a physical meeting.

Additionally, there are concerns about the protection of victims and the consensual sharing of self-generated explicit content among minors.

National Responses

Lastly, the report discussed the findings from the national legal frameworks, including references to how national legislation addresses the uncertainties and gaps identified.

Belgium and Italy, for example, have broadened their definitions of grooming to encompass a wide range of CSEA crimes. The Belgian definition also includes both online and offline grooming in its scope and refers to any child below the age of 18, regardless of the age of sexual consent. France and Italy have also explicitly tackled the legal challenge of criminalising grooming, even if not followed by material acts. Likewise, Belgium, the UK, and Greece have created legal provisions that criminalise online grooming even in the absence of subsequent material actions leading to a physical meeting.

Belgium and Lithuania have also taken steps to protect the consensual sharing of self-generated images among minors.

Moving Forward

The insights from this report highlight the urgent need for comprehensive legislation that addresses the evolving nature of CSEA, particularly as technology continues to advance. By identifying and closing legal gaps, and ensuring that all countries adopt robust and uniform standards, we can better protect children.

The findings of this report are a call to action for policymakers, legal experts, and advocates to push for stronger, more effective laws and policies aimed at addressing CSEA, including (tech-facilitated) grooming.

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