EN Official Journal of the European Union CE 84/574

(2004/C 84 E/0651)

WRITTEN QUESTION E-0348/04

by Robert Sturdy (PPE-DE) to the Commission

(11 February 2004)

Subject: Offensive material on websites in Member States

Can the Commission confirm whether it has any jurisdiction over offensive material on websites in Member States? There is an active paedophile organisation in Denmark which suggests that some forms of paedophiliac activity are not dangerous abuse.

Could it also confirm whether there is Community legislation that supersedes national legislation on this type of organisation?

Answer given by Mr Vitorino on behalf of the Commission

(17 March 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 on the basis of the applicable cooperation mechanisms, either directly, or through the appropriate channels of communications, such as Eurojust, Europol and Interpol.

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 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).

At the beginning of 2004, the ‘International Child Exploitation Database’ feasibility study was finalised. The study was co-funded under the STOP II Programme and run by a project group composed by experts from several Member States. The project group has issued various recommendations, especially recommending that a sophisticated networked international child sexual exploitation image database, building on the fledgling system at Interpol, be urgently required. 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 Commission is not responsible for the actual setting up of such an international database as this is left to the appreciation of the Member States and other involved countries. 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 as a concrete follow-up to the above mentioned feasibility study.

It aims at preparing the establishment of a sophisticated networked international database of child-pornography on-line images. 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.

(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.