EN Official Journal of the European Union CE 88/562

(2004/C 88 E/0574)

WRITTEN QUESTION E-1065/04

by Anna Karamanou (PSE) to the Commission

(6 April 2004)

Subject: ‘Legal’ operation of paedophile networks in Europe — new Dutroux?

A ‘paedophilia association’ is operating legally in Denmark with its own website on the Internet which coordinates and organises paedophile networks at European and international level. Denmark is not the only example; the same phenomenon can also be observed in other countries.

This issue, in conjunction with the Dutroux trial being held in Belgium, after a delay of 7 years, has turned the spotlight once again on the criminal activities of paedophile networks in connection with which the EU recently adopted a framework decision on combating the sexual exploitation of children and child pornography.

Will the Commission say whether the legislative measures and political initiatives taken hitherto have been effective, at European level, in combating this sordid business, which is a flagrant violation of human rights and human dignity? In particular, what will the Commission do to ensure Member States' compliance with the law and to prohibit the use by such organisations of the facilities provided by digital technology?

Answer given by Mr Vitorino on behalf of the Commission

(30 April 2004)

The Commission fully shares the concerns expressed by the Honourable Member about the problem of child pornography distributed through the Internet. There is a need for continuous efforts to combat harmful and illegal content on the Internet based on international co-operation amongst governments, particularly law enforcement and judicial authorities, but also between governments and the Internet industry, dedicated hotlines and non-governmental organisations to effectively tackle this horrifying phenomenon.

Primary responsibility for dealing with illegal content (including child pornography) is with the appropriate law enforcement and judicial authorities of the Member States, which co-operate internationally in the fight against child pornography on the Internet through the existing channels of communications, such as Europol, Eurojust and Interpol. In that respect, the Commission would like to inform the Honourable Member that European law enforcement authorities have recently closed down several electronic discussion forums used by paedophiles.

The European Union has been a forerunner in the fight against illegal and harmful content since 1996, with an approach agreed unanimously by the Parliament and the Council. The Safer Internet Action Plan adopted by the Council and the Parliament in 1999 (1) is a major element in the Commission's activity in this field. It provides funding for a European network of hotlines allowing users to report illegal content, including child pornography.

The Honourable Member is aware that the EU strategy to combat child pornography also consists of legal instruments and practical measures against computer crime and child pornography. These include the Council Framework Decision on approximation of laws and sanctions in the field of sexual exploitation of children, with particular reference to child pornography on the Internet (2), and the Council Recommendation of September 1998 (3) on the protection of minors and human dignity and the Council Decision of May 2000 to combat child pornography on the Internet (4).

The Commission is currently supporting an effort made by several Member States, Europol and other third Countries under the AGIS programme for funding an implementation study to establish a sophisticated networked international child sexual exploitation image database, building on the fledgling system at Interpol. Such a database, being both technically and legally possible, would have to take into account the different national laws governing images of child sexual exploitation and protection of personal data.

The database will be an effective tool for law enforcement in identifying victims and offenders of child sexual exploitation on-line around the world. It will reduce the international duplication of effort and increase international co-operation in achieving these goals.

The Commission believes that the proposed database will have a major impact on the effective policing of this horrendous crime by improving the exchange of information, reducing duplication and significantly raising the analytical capacity.

Combating the sexual exploitation of children and child pornography and ensuring the respect of fundamental human rights is a priority for the Commission. The Commission believes that the current legislative measures in these fields, together with the continuous efforts in promoting a safer use of the Internet and to combating illegal and harmful content on the Internet, are contributing substantially to reaching these objectives.

(1) OJ L 33, 6.2.1999.

(2) Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography, OJ L 13, 20.1.2004.

(3) OJ L 270, 7.10.1998.

(4) OJ L 138, 9.6.2000.