WRITTEN QUESTION E-2616/98

by Johanna Boogerd-Quaak (ELDR) and Laurens Brinkhorst (ELDR) to the Council

(1 September 1998)

Subject: International child pornography scandal

A shocking quantity of child pornography was found in Zandvoort (Netherlands) in July 1998. The accused had been disseminating pictures of sex - including sex with babies - via the Internet. He is allegedly part of an international network producing and selling child pornography. Some of this information was made know to the Belgian and Dutch police by private individuals.

1. Does the Presidency intend to put the question of child pornography, and in particular a European network of hotlines with the Commission playing a coordinating role, on the agenda of the next General Affairs Council after the Summer recess?

2. What proposals does the Presidency have for making Interpol not only responsible for an exchange of information but also more effective in the actual fight against child pornography, not least via the Internet, particularly now that private individuals have proved how an international porn network can be exposed effectively and efficiently?

3. What action has the Presidency already taken towards establishing a convention, under the auspices of the United Nations, against child pornography on the Internet?

Reply

(20 November 1998)

1. The Council meeting on 5 October 1998 and the European Conference meeting held on 6 October enabled major progress to be made in the fight against child pornography.

In particular, the Council on 5 October adopted conclusions aimed at completing as rapidly as possible current work on the draft joint action on the fight against child pornography on the Internet. This action which was presented by the Austrian Presidency at the Council in August 1998 has been submitted to the European Parliament.

The Council also decided to speed up work on the Community Action Plan on promoting safe use of the Internet and protection against illegal and harmful contents on the Internet and on the Daphne programme on measures relating to violence against children, young persons and women.

2. The Council intends to extend Europol's brief with regard to the trafficking of human beings as rapidly as possible. It will be remembered that the Council had extended the mandate of the Europol Drugs Unit to include the prevention and fight against trafficking in human beings by means of a joint action dated 16 December 1996(1). At its meeting on 4 and 5 December 1997, the Council furthermore reached agreement on amending the definition of traffic in human beings as contained in the Annex to the Europol Convention so as to include the production, sale and distribution of child pornography material.

Mention should also be made of the Joint Action of 24 February 1997(2) to combat trafficking in human beings and sexual exploitation of children. At the meeting of the European Conference on 6 October 1998, a decision was taken to examine whether and how the measures provided for under this action could be extended to all States taking part in the European Conference.

3. As regards talks on future United Nations Conventions, the Presidency proposes that the Council define a common position:

(a) on the draft United Nations Convention on the suppression of organised transnational crime which it hopes will cover the fight against child pornography;

(b) and as regards the fight against the production of child pornography material (before its dissemination on the Internet), on the draft optional Protocol to the Convention on the rights of the child relating to child prostitution and child pornography.

The Presidency also fully supports the ongoing negotiations on an ILO Convention for the elimination of the most heinous forms of child labour and in particular the inclusion of child pornography in its definitions.

4. Finally, the Member States are working in close cooperation with Interpol in the fight against child pornography.

(1) OJ L 342, 31.12.1996, p. 4.

(2) OJ L 63, 4.3.1997, p. 2.