Article 1U.K.

1.[F1In] 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, [F2the 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.[F4The 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

F1Word 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)

F2Words 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)

F3Words 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)

F4Words 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)

F5Article 2U.K.

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Textual Amendments

F5Art. 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 3U.K.

[F6The 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, [F8the 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

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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 4U.K.

[F10The 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

F10Words 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)