Human rights: EU justice ministers agreed on rules to combat child pornography, October 2002

Rules on child pornography and the sexual exploitation of children are set to be introduced across the European Union after justice ministers reached a political agreement on the new rules at a Council meeting on 14 and 15 October 2002.

A Council Framework Decision on child pornography and the sexual exploitation of children was proposed by the European Commission in December 2000, following specific requests at the Tampere European Council in October 1999 for further initiatives of the European Union in these fields. The proposals aim to develop effective co-operation across the European Union in judicial procedures and law enforcement by establishing common definitions and sanctions.

The European Parliament held its first reading of the proposals on 11-12 June 2001, approving the guidelines by a vote of 446-16. The Greek socialist MEP, who was the rapporteur for the issue, called child pornography and the sexual exploitation of children 'a scandal in a modern civilisation' and said that people involved in such crimes should not go unpunished and avoid criminal prosecution because legislation governing illicit sex trade and practices varies across the EU, creating legal loopholes.

Under the Framework Decision agreed by justice minister all Member States will have to ensure that necessary measures are in place so that the following intentional conduct is punishable:

• coercing a child into prostitution or into participating in pornographic performances, or profiting from or otherwise exploiting a child for such purposes;

• recruiting a child into prostitution or into participating in pornographic performances;

• engaging in sexual activities with a child, where:
  • (i) use is made of coercion, force or threats
  • (ii) money or other forms of remuneration or consideration is given as payment in exchange for the child engaging in sexual activities
  • (iii) abuse is made of a recognised position of trust, authority or influence over the child

With regard to child pornography, the decision sets out a further set of punishable offences, explicitly stating that it is irrelevant whether a computer has been used for such purposes or not. The punishable offences are:

• production of child pornography

• distribution, dissemination or transmission of child pornography

• supplying or making available child pornography

• acquisition or possession of child pornography

In addition to the common definitions of sexual crimes, the penalties that national courts may impose on offenders will also be harmonised.

Council of the European Union:
	15.10.02:	Press release: Justice, Home Affairs and Civil Protection Council, Luxembourg, 14-15 October 2002 [PRES/02/308]
European Commission:
	21.12.00:	Press Release: Commission proposes action to combat trafficking in human beings and sexual exploitation of children [IP/00/1530]
	Communication - Combating trafficking in human beings and combating the sexual exploitation of children and child pornography[COM(2000)854]
	DG Press and Communication: SCADplus: Combating trafficking in human beings, the sexual exploitation of children and child pornography
European Parliament:
	Report on the proposal for a Council Framework Decision on combating the sexual exploitation of children and child pornography [May 2001]
	11.06.01:	Debate of the European Parliament: Sexual exploitation of children
European Sources Online: Financial Times:
	15.10.02:	EU accord on child porn

Helen Bower
Compiled: Wednesday, 16 October 2002

Rules on child pornography and the sexual exploitation of children are set to be introduced across the European Union after justice ministers reached a political agreement on the new rules at a Council meeting on 14 and 15 October 2002.