Brussels proposes criminalizing child sexual abuse material produced by artificial intelligence

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European Commission move controller against sexual abuse and exploitation of minors. Brussels has proposed this Tuesday to review the regulations to be implemented. higher penaltiesExpand definitions of crimes and includes new measures prevention and assistance to the victims. The proposal states: sexual abuse material created by Artificial intelligence or call ‘deepfake’ (deepfakes) is covered by the European directive and punishable and sanction by all Member States live broadcast related to sexual abuse of minors.

The European Commission is reviewing the 2011 European directive to strengthen legislation on sexual abuse and exploitation of minors

“Access to child sexual abuse material is often the first step towards actual abuse, regardless of whether it represents actual or realistic abuse and exploitation,” the commission reasoned.reproductions and representations” It should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently impartial manner. “A strong criminal law is essential and today we are taking an important step to ensure we have effective legal tools to save children and bring perpetrators to justice,” the home affairs commissioner said. said. Ylva Johansson.

The regulation, which now needs to be negotiated between the Council and the European Parliament, fill in the blanks and as a complement to the measures adopted two years ago to combat this scourge on the Internet. These measures impose an obligation on internet companies to detect, report and remove material related to the sexual exploitation of minors from their services. The commission acknowledges that the problem “continues to arise”. online pedophilia guides Guides and manuals for those who want to sexually abuse children” are added to technological developments, and the threat “is getting bigger and bigger.”

Only in 2022, the Commission 1.5 million abuse reports EU-wide, half a million more than two years ago and it is estimated that 1 in 5 children They have been subjected to some form of sexual violence. Faced with this reality, the Community Administration proposes another amendment to European legislation. It proposes to start by broadening the definition of criminal offenses relating to the sexual exploitation of children in all Member States. These new crimes should include livestreaming the sexual abuse of minors, as well as the possession and exchange of pedophilia manuals.

Increase in penalties and conditions

Regarding prison sentences, Brussels proposes to increase penalties punishment for having sexual intercourse with a child When child prostitution is resorted to: 8 years if the child is under the age of sexual consent, 4 years if the child is above the age of sexual consent. Victims will also have more time to report sexual abuse and file a lawsuit against the perpetrator, and may receive financial compensation to address the long-term harm caused by sexual abuse.

For example, for crimes requiring a prison sentence of at least 3 years prescription duration This will be at least 20 years from the age of majority; This means that the statute of limitations does not expire until the victim is at least 38 years old. For crimes that require a penalty of at least 5 years, the statute of limitations will be at least 25 years, and this period will be delayed until the victim reaches the age of 43. For crimes that require a penalty of at least 8 years, the statute of limitations will be 30 years. at least 30 years. This means that this period will not end until the victim is at least 48 years old.

The commission justifies these deadlines by saying victims often fail to come forward for decades due to shame, guilt or other reasons. “A current study shows that on average: survivors sexual abuse of minors It takes them 17.2 to 21.4 years to describe their experiences to someone. Referring to age and gender as factors, the proposal points out that “About 60-70 percent of survivors do not disclose anything until they become adults, and 27.8 percent of survivors do not tell anyone.” younger children and men occur less frequently. The purpose of this change is to harmonize the situation among the Twenty-Seven; Because although some have eliminated the statute of limitations completely, some of them have statutes of limitations so short that they expire before the victim reaches the age of 40.

Prevention and awareness

The proposal also advocates recognition of the work of organizations that work against sexual exploitation and receive direct complaints from the public with abusive material. “Where such bodies, acting in the public interest, examine, analyze or otherwise process material constituting images or videos of the sexual exploitation of minors for the purpose of removal or investigation, such processing should not be criminalized,” the Commission says, and recommends: “Any form of online maintenance ” is criminalized in all Member States.

To ensure that the network is a safer and better space, Member States will have to establish a coordination mechanism to make the most of existing prevention and victim assistance programs and, in particular, to increase their investments in raising awareness of Internet risks. for children and young people. The plan also includes new requirements that will require anyone who employs staff for activities that involve close contact with children and for organizations working against child sexual exploitation to request criminal records of candidates. Finally, professionals working in close contact with children will have the obligation to report possible crimes.

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