Bid to curb Internet child porn

Date: 03/10/1996

By Simon Coss

THE European Commission is considering producing a special communication on child pornography and the Internet in response to the EU-wide concern sparked by the recent Belgian paedophilia scandal.

The issue was to have been included in a Commission Green Paper on audio- visual services which was originally due to be adopted next week.

But the growing clamour for swift action to combat the problem has prompted calls within the Commission for a separate initiative. The idea will be discussed by chefs de Cabinet on Monday (7 October) and could be considered by the full Commission two days later.

This is likely to delay adoption of the Green Paper jointly prepared by Audio-visual Commissioner Marcelino Oreja, Industry Commissioner Martin Bangemann and Internal Market Commissioner Mario Monti, examining ways of regulating not just the Internet but all new forms of electronic media.

One of the Green Paper's key aims will be to look at ways of creating a voluntary code of conduct among Internet service providers in member states.

The process has already begun in some countries, with providers agreeing to screen out any web sites they find containing child pornography or other grossly offensive material. The problem with this, as with any attempt to control the Internet, is that the system is almost impossible to police. While providers can screen out certain web sites if they are aware of them, others can rapidly spring up to replace them.

In addition, the Internet is a global rather than an EU-wide phenomenon. Service providers are really just 'doors' to cyberspace. Once in, users can get in touch with millions of other machines across the planet.

Any meaningful legislation on the service would require world-wide agreement, which seems highly unlikely. Attempts to introduce Internet controls in the US have run into arguments that such legislation violates the First Amendment of the US constitution, guaranteeing freedom of speech.

Human rights organisations fear that any legislation to restrict access to the Internet would be open to abuse by those in power.

“Censorship efforts in the US and Germany lend support to those in China, Singapore and Iran, where censors target not only sexually-explicit material and hate speech, but also pro-democracy discussions and human rights education,” noted a recent document by Human Rights Watch.

The Commission intends to present the conclusions of its Green Paper to EU culture ministers at their next meeting on 16 December. A White Paper is planned for the end of 1997.

Industry ministers meeting in Luxembourg on Tuesday (8 October) will consider another draft Commission proposal - also drawn up by Oreja, Bangemann and Monti - which would require member states to inform each other when passing laws to regulate the Internet and other new electronic services.

But they are unlikely to agree to the proposal as it stands and will probably send it back to the Commission and Coreper (the committee of permanent representatives) for modification.

“Member states agree something should be done, but as yet they cannot agree exactly what,” said a Commission official.

The 8 October session will be entirely dedicated to the 'information society'.

Ministers will consider a package of Commission proposals to update the 1994 action plan Europe's way towards the information society, and present their conclusions to the December summit of EU leaders in Dublin.

The Commission is confident that all the measures bar the proposed directive will be accepted. “I am sure we will get the green light for the updated programme,” said one, adding “We have successfully implemented the first stage. Now we would like to take the process further.”