European Union countries are facing challenges in reaching a consensus on a proposed law that would compel private messaging platforms and services to detect pedophilic images and videos. The legislation, which has sparked controversy throughout its preparation, aims to combat the proliferation of child sexual abuse images and videos and prevent the grooming of children by pedophiles. However, there are persistent disagreements among the 27 member states.
The proposal, presented by Swedish Commissioner Ylva Johansson in May 2022, aims to establish new detection and reporting obligations concerning child sexual abuse content. While the initiative is crucial for addressing a serious issue, concerns have been raised regarding potential widespread surveillance of private communications and the erosion of communication confidentiality. Even encrypted messaging services like Signal, Telegram, and WhatsApp could be impacted.
Critics, including privacy advocacy groups, some MEPs, and several member states, worry about the potential errors related to using AI to detect illegal child content. The proposal also calls for changing provisions related to encrypted communications, which has met resistance, notably from Germany.
Some platforms, such as Facebook and Google, already voluntarily employ technologies to detect and report this content. However, the Commission deems these voluntary efforts insufficient, leading to the proposed legislation.
The European Commission’s proposal mandates communication service providers to take preventive measures to halt the spread of identified or recently produced pedophilic images or videos. It also addresses monitoring potential solicitations of children for sexual purposes (grooming).
In situations where there is a significant risk of a communication service being misused, an independent judicial or administrative authority could issue a detection order. Service providers would then be obligated to automatically analyze the content of communications via their platforms, not just those suspected of such acts. Despite its importance in protecting children, the legislation’s implementation remains contentious, reflecting the balancing act between privacy concerns and child protection efforts.