Council Decision of 29 May 2000 to combat child pornography on the Internet

Council Decision

of 29 May 2000

to combat child pornography on the Internet

(2000/375/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 34(2)(c) thereof,

Having regard to the opinion of the European Parliament(1),

Having regard to the initiative of the Republic of Austria,

Taking account of the resolutions adopted by the European Parliament on 19 September 1996 on minors who are victims of violence(2), 12 December 1996 on measures to protect minors in the European Union(3), 24 April 1997 on the Commission communication on illegal and harmful content on the Internet(4) and 6 November 1997 on the Commission communication on combating child sex tourism, and the aide-memoire on the European Union's contribution to reinforcing the prevention of the sexual abuse and exploitation of children(5),

Bearing in mind the Declaration and Agenda for Action, unanimously accepted by delegates at the World Congress against commercial sexual exploitation of children, held in Stockholm in August 1996, and the conclusions and recommendations of the European follow-up conference to the World Congress, held in Strasbourg in April 1998;

Bearing in mind the European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted in Rome on 4 November 1950, and in particular Articles 2, 3 and 10(2) thereof;

Recalling the European Convention on the Exercise of Children's Rights, adopted in Strasbourg on 25 January 1996, and in particular Articles 1, 6, 7, 8, 9, 10, 11, 12 and 15 thereof;

Having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in its Resolution 217 A (III) on 10 December 1948 in Paris, and in particular Articles 2, 3, 7, 25 and 26 thereof;

Recalling Article 34 of the Convention on the Rights of the Child of 20 November 1989;

Bearing in mind Council Joint Action 96/700/JHA of 29 November 1996 establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children(6);

Bearing in mind the Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 17 February 1997 on illegal and harmful content on the Internet(7);

Bearing in mind Joint Action 97/154/JHA of 24 February 1997 adopted by the Council concerning action to combat trafficking in human beings and sexual exploitation of children(8);

Bearing in mind the Council decision of 3 December 1998 supplementing the definition of the form of crime "traffic in human beings" in the Annex to the Europol Convention(9), and having regard to the Declaration of 3 December 1998 approved by the Council;

Taking into account the recommendation adopted by the Council on 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(10);

Recalling the action plan adopted by the Council on 28 April 1997 to combat organised crime(11), approved by the Amsterdam European Council in June 1997, and the 10 principles of the G8 regarding high-tech crime of which the Council took note at its meeting on 19 March 1998 as well as the recommendation of the European Council in Vienna on 11 and 12 December 1998 to ensure an effective follow-up to the initiatives for the protection of children at European and international level, especially in the area of child pornography in the Internet;

Taking into account Decision No 276/1999/EC of the European Parliament and of the Council of 25 January 1999 adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks(12);

Recalling Council common position 1999/364/JHA of 27 May 1999 on negotiations relating to the Draft Convention on Cyber Crime held in the Council of Europe on 27 May 1999(13);

Whereas the traffic in human beings and the sexual exploitation of children constitute a serious infringement of fundamental human rights and in particular of human dignity;

Aware of the fact that the sexual abuse of children and the production, processing, possession and distribution of child pornography material may constitute an important form of international organised crime, the extent of which within the European Union gives cause for ever-increasing concern;

Convinced that respect for the physical and emotional integrity of children and the protection of victims of sexual exploitation are of fundamental importance and must lie at the heart of the Union's concerns;

Aware of the need for further measures by the Union to promote the safe use of the Internet;

In order to prevent and combat the sexual abuse of children and, in particular, the production, processing, distribution and possession of child pornography material through the Internet,

HAS DECIDED AS FOLLOWS:

Article 1 U.K.

1. [F1 In] order to intensify measures to prevent and combat the production, processing, possession and distribution of child pornography material and to promote the effective investigation and prosecution of offences in this area, [F2 the Secretary of State] shall take the necessary measures to encourage Internet users to inform law enforcement authorities, either directly or indirectly, on suspected distribution of child pornography material on the Internet, if they come across such material. Internet users shall be made aware of ways to make contact with law enforcement authorities or entities which have privileged links with law enforcement authorities, to enable such authorities to fulfil their task of preventing and combating child pornography on the Internet.

2. Where necessary F3 ... measures for the promotion of effective investigation and prosecution of offences in this area may be the setting-up of specialised units within law enforcement authorities with the necessary expertise and resources to be able to deal swiftly with information on suspected production, processing, distribution and possession of child pornography.

3. [F4 The Secretary of State] shall ensure that the law enforcement authorities act swiftly when they have received information on suspected production, processing, possession and distribution of child pornography material. Law enforcement authorities may defer taking action if and as long as tactically necessary, for instance with a view to getting at those behind the criminal operations, or at networks (child pornography rings).

Textual Amendments

F1 Word in Art. 1(1) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(2) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(3) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Article 2 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Art. 2 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

[F6 The Secretary of State] shall engage in constructive dialogue with industry and examine appropriate measures, of a voluntary or a legally binding nature, to eliminate child pornography on the Internet. F7 ... In this context, [F8 the Secretary of State] shall examine the following measures, which would place Internet providers under a duty:

(a) to advise the competent entities mentioned in Article 1 (1) or the units mentioned in Article 1(2) of child pornography material of which they have been informed or of which they are aware and which is distributed through them;

(b) to withdraw from circulation child pornography material of which they have been informed or of which they are aware and which is distributed through them unless otherwise specified by the competent authorities;

(c) F9 ... to retain traffic-related data, where applicable and technically feasible - in particular for criminal prosecution purposes in cases of suspected sexual abuse of children, production, processing and distribution of child pornography - for such time as may be specified under the applicable national law, to allow the data to be made available for inspection by the criminal prosecution authorities in accordance with the applicable rules of procedure;

(d) to set up their own control systems for combating the production, processing, possession and distribution of child pornography material.

Textual Amendments

F6 Words in Art. 3 substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3 substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(c) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K.

[F10 The Secretary of State] shall regularly verify whether technological developments require, in order to maintain the efficiency of the fight against child pornography on the Internet, changes to criminal procedural law, while respecting the fundamental principles thereof and, where necessary, shall initiate appropriate new legislation to that end.

Textual Amendments

F10 Words in Art. 4 substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 5 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Arts. 5-8 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(6); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 6 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Arts. 5-8 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(6); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 7 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Arts. 5-8 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(6); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 8 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Arts. 5-8 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 4(6); 2020 c. 1, Sch. 5 para. 1(1)

Done at Brussels, 29 May 2000.

For the Council

The President

A. Costa

1

Opinion delivered on 11 April 2000 (not yet published in the Official Journal).

2

OJ C 320, 28.10.1996, p. 190.

3

OJ C 20, 20.1.1997, p. 170.

4

OJ C 150, 19.5.1997, p. 38.

5

OJ C 358, 24.11.1997, p. 37.

6

OJ L 322, 12.12.1996, p. 7.

7

OJ C 70, 6.3.1997, p. 1.

8

OJ L 63, 4.3.1997, p. 2.

9

OJ C 26, 30.1.1999, p. 21.

10

OJ L 270, 7.10.1998, p. 48.

11

OJ C 251, 15.8.1997, p. 1.

12

OJ L 33, 6.2.1999, p. 1.

13

OJ L 142, 5.6.1999, p. 1.