WRITTEN QUESTION E-1953/99

by Gerhard Hager (NI) to the Commission

(5 November 1999)

Subject: Child pornography

Child pornography, along with the spread of extreme right-wing and left-wing material, constitutes one of the main problems facing us in connection with the Internet.

In view of this and given the intense current public debate on the matter, can the Commission answer the following:

1. Has the Commission any new proposals and initiatives for tackling this problem over and above the current legislative procedures?

2. If not, when does the Commission intend to take the initiative in this matter?

3. If so, to what extent are providers responsible for the contents of the information provided?

4. What is the Commission's basic approach to detect illegal material on the Internet?

Answer given by Mr Liikanen on behalf of the Commission

(13 December 1999)

1. The Commission has long been concerned about child pornography on the Internet. In order to fight against it, it proposed a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, which was adopted by the Council and the Parliament on 25 January 1999(1).

The action plan provides support in four areas: a European network of hotlines, self-regulation by industry, filtering and rating and awareness. Furthermore Member States are committed to provide an appropriate framework under Council Recommendation of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity(2).

The Commission feels that, in addition, international cooperation should be encouraged. The Commission is therefore closely involved in international initiatives addressing the issue:

An international conference on combating child pornography on the Internet was held from 29 September to 1 October 1999 in Vienna, organised jointly by the Austrian government, the American government and the Commission under the programme Stop: an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children. Joint Action 96/700/JHA(3). The conference adopted conclusions and recommendations(4) which will be actively followed-up.

The group of eight most industrialised countries is including the issue of child pornography on the Internet in its discussions on high-tech crime. The Council of Europe is preparing a convention on computer crime, which will allow for a common approach throughout Europe.

2. Its involvement in the activities described under (1) allows the Commission to monitor the handling of the problem of child pornography. If and where necessary, the Commission will consider appropriate additional initiatives.

This includes a possible Commission involvement in case of a follow-up to the Council's draft joint action to combat child pornography on which the Parliament adopted its opinion on 13 April 1999(5).

3. Regarding the issue of provider's liability, the Commission would refer to its amended proposal for a directive on certain legal aspects of electronic commerce in the internal market(6) which contains detailed provisions on the liability of intermediaries such as Internet service providers.

4. The Commission's approach to the problem raised by the Honourable Member has remained unchanged since its communication on illegal and harmful content on the Internet(7) and the green paper on protection of minors and human dignity in audiovisual and information services(8), to which the Honourable Member is referred.

(1) Decision 276/1999/EEC of the Parliament and the Council of 25.1.1999 OJ L 33, 6.2.1999.

(2) OJ L 270, 7.10.1998, http://europa.eu.int/comm/dg IO/avpolicy/new_srv/recom-intro_en.html.

(3) OJ L 322, 12.12.1996 http://europa.eu.int/comm/justice_home/project/stop_en.htm.

(4) http://www.stop-childpornog.at/conc.asp.

(5) Legislative resolution embodying Parliament's opinion on the draft Joint Action, adopted by the Council on the basis of Article K.3 of the Treaty on European Union, to combat child pornography on the Internet (10850/5/98 C4-0674/98 98/0917(CNS)) (Consultation procedure) 13 April 1999, Report of Civil Liberties Committee (rapporteur Gerhard Schmid) A4-0141/1999.

(6) COM(1999) 427 final http://europa.eu.int/eur-lex/en/com/dat/1999/en_599PC0427.html.

(7) COM(96) 487 final http://www2.echo.lu/legal/en/internet/communic.html.

(8) COM(96) 483 final http://europa.eu.int/en/record/green/gp9610/protec.htm.