Back in May 2022, the European Commission presented a draft regulation on preventing and combatting child sexual abuse (CSAM Regulation). Among other things, this proposes to oblige providers of messaging and hosting services to screen their users’ communications and data for depictions of child sexual abuse (so-called CSA material).
Ahead of the upcoming trilogue negotiations on the European CSAM Regulation, eco – Association of the Internet Industry is calling for a clear commitment to voluntary measures as well as greater regulatory coherence in the further legislative process.
Alexandra Koch-Skiba, Head of the eco Complaints Office, explains:
“The upcoming trilogue negotiations will be decisive in determining how effectively – and at the same time in compliance with fundamental rights – the fight against child sexual abuse material on the Internet will be shaped in the future.
“From the perspective of the Internet industry, one thing must be clear: voluntary measures to detect and combat such content must remain at the core of the effort. They have proven their worth in practice and have been making an important contribution to child protection in the digital space for many years. In this context, voluntary detection measures tailored to the specific needs of each company require a reliable and legally secure framework – not their replacement by far-reaching obligations for all. In addition, established cooperation and processes between hotlines, providers and law enforcement agencies must be strengthened and taken into account as an essential element in the fight against depictions of abuse.
“At the same time, it is crucial that the new regulation is coherently embedded within the existing legal framework. Overlaps or even contradictions with already applicable regulations – such as the Digital Services Act or in the area of data protection – must be avoided at all costs. Only a clearly aligned legal framework creates the necessary legal certainty and practicality for providers, while ensuring effective child protection. Furthermore, a coherent legal framework has a positive impact on supervision by reducing multiple oversight. This promotes consistent supervisory decisions and increases the effectiveness of regulatory measures. At the same time, it reduces additional bureaucratic burdens. Overall, there is a need for clearly defined responsibilities and close integration with established structures and existing technical expertise.
“EU legislators are now called upon to find a balanced solution that both strengthens child protection and safeguards the integrity of secure digital communication. Child protection, legal certainty and practical implementation must go hand in hand.”
About the eco Complaints Office
The eco Complaints Office has been active since 1996 and is an integral part of the system of regulated self-regulation in Germany. It enables Internet users to report content that endangers young people and criminal content free of charge and anonymously, and works closely with providers, public authorities and international partners.
