WRITTEN QUESTION P-3313/00

by Gianfranco Fini (UEN) to the Commission

(18 October 2000)

Subject: Agenda for the Biarritz summit and the paedophile crisis

The need to bring European citizens closer to the institutions makes it essential for the authorities to tackle those problems that affect people most directly. While the public are, of course, interested in the reform of the institutions and the future enlargement of the Union, the authorities should also focus on day-to-day issues that are of concern to the public. The unfortunate issue of paedophilia, for example, has now assumed worrying proportions. The discovery of paedophile and pornographic sites on the Internet, some of which use the words European Union in their titles, should prompt the Heads of State and Government meeting in Biarritz to take note of the spread of this problem and finally to put in place regulations governing the use of telematics equipment.

Does the Commission not consider it necessary to draw the attention of the Heads of State or Government to:

1. The seriousness of the constant increase in paedophile Internet sites, the contents of which contravene the legislation of the Member States,

2. The need for regulations to prevent free access to such sites,

3. The need for regulations prohibiting such sites from using in their titles the names of persons without their knowledge or the names of institutions (Commission, European Union, etc.) as an underhand way of attracting users who do not normally visit such sites?

Answer given by Mr Vitorino on behalf of the Commission

(30 November 2000)

The Commission has long been concerned about the diffusion of paedophile images on the Internet, in particular child pornography. 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(1). It was adopted by the Council and the Parliament on 25 January 1999(2). 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 also committed to provide an appropriate framework under Council Recommendation 98/560/EC 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(3).

The primary responsibility for dealing with illegal content (including child pornography) is with the appropriate law enforcement and judicial authorities of the Member States.

The Commission attaches great importance to ensuring the Community is able to take effective action in particular against child pornography on the Internet. It shares the view of the Honourable Member that there is a clear need for Community action at legislative level to ensure that Member States have effective sanctions in place to combat this serious crime. The Commission will introduce later this year a proposal for a Council framework decision which, within a wider context, will include provisions for the approximation of laws and sanctions of the Member States in the field of the sexual exploitation of children, with particular reference to child pornography on the Internet.

Better law enforcement, exchange of information and education are needed to complement the legislative initiatives mentioned above. The Commission, in cooperation with the Member States and other parties involved (Internet operators, hotlines and users), constantly follows the development of any new means to prevent the distribution of paedophile material via the Internet, which are in conformity with the fundamental principles of freedom of expression and right to privacy.

However, the Internet is a global instrument and does not recognise national frontiers. Measures taken only at the European level would not prevent access via the Internet to paedophile material outside Europe. Therefore, efficient international co-operation is needed. All the parties concerned are already actively involved in such co-operation.

The Honourable Member's final question concerns one aspect of the so-called cybersquatting problem, which also includes cases of trademark infringement. The Commission has been actively participating in international efforts to eliminate this problem, undertaken mainly by the International Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organisation (WIPO). These have started with the trademark problem, but are currently being extended to include other categories of names including the names of people and places. The Commission will also propose, in the context of the. eu domain name that will become available next year, a code of conduct aiming at preventing such abuses within the Community.

(1) OJ C 48, 13.2.1998.

(2) OJ L 33, 6.2.1999.

(3) OJ L 270, 7.10.1998.