WRITTEN QUESTION E-2969/98

by Cristiana Muscardini (NI) and Gianfranco Fini (NI) to the Commission

(8 October 1998)

Subject: Europol and the Internet

The use of the Internet by paedophiles and the transmission of obscene material depicting minors, which has recently led the police in a number of countries to take action to arrest those responsible, underlines the need for concerted action by the Member States, in cooperation with the international organisations that protect the dignity and rights of minors.

Would the Commission state whether, to combat this evil more effectively,

1. it agrees that proposals should be put forward to regulate the use of the Internet by preventing access to it for purposes inimical to the dignity of the individual?

2. it agrees that governments should be urged to take action under the "Third pillar" to harmonise legislation concerning paedophile activities and the defence of minors?

3. it considers that Europol's powers could include the investigation and prosecution of those responsible for using the Internet to promote paedophile activities?

Answer given by Mrs Gradin on behalf of the Commission

(19 November 1998)

1. The Community has a well defined policy in this area, based on a set of complementary instruments.

Following wide ranging consultation on the basis of a green paper on the protection of minors and human dignity in audiovisual and information service(1), the 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) is the first legal instrument concerning the content of on-line audiovisual and information services made available on the Internet.

Based on a communication, a Council Resolution and two working party reports on illegal and harmful content, the Commission has adopted a proposal for an action plan to promote safe use of the Internet(3). The action plan supports four areas: a European network of hotlines, self-regulation by industry, filtering and rating and awareness. Member States are also committed under the Recommendation on protection of minors and human dignity to provide the appropriate framework. The Recommendation offers guidelines for the development of voluntary national self-regulation, based on four elements: codes of conduct; consultation and representativeness of the parties concerned (industry, service and access providers, user and family associations, public bodies, government) in preparing, implementing and evaluating codes of conduct; national bodies representative of all the parties involved facilitating cooperation at Union level; and national evaluation of self-regulation.

2. The Commission agrees that governments should take action under the third pillar and welcomes the work on the draft joint action submitted by the Austrian Presidency concerning the fight against child pornography on the Internet.

3. Referring to Council decision of 4 December 1997, a draft Council decision is being prepared to extend the present mandate of Europol on trafficking in human beings to cover child pornography material. For the time being, and pursuant to the Convention establishing Europol, child pornography can only be covered by Europol if an enquiry is related to a case involving trafficking in human beings.

(1) COM(96) 483 final.

(2) OJ L 270, 7.10.1998.

(3) COM(97) 582 final modified by COM(98) 518 final.