European Union: Closed Consultation on EC Proposal for a Directive on Combating Child Sexual Abuse including Content Moderation Regulation

On 4 April 2024, the European Commission closed its consultation on the proposal for a Directive on combating the sexual abuse and sexual exploitation of children and child sexual abuse material. The Directive addresses the evolving technological landscape, including the misuse of artificial intelligence to create lifelike child sexual abuse material and the rise of "deepfakes". The proposed amendments aim to ensure that the definition of child sexual abuse material is sufficiently technology-neutral and future-proof. The Directive also proposes the criminalisation of "paedophile handbooks", which provide advice on how to find, groom, and abuse children. Under Article 7, the live-streaming of child sexual abuse would be criminalised. Article 8 aims to address the role of the dark web in enabling child sexual abuse and exploitation, enabling investigations and punishment with imprisonment of at least 1 year. The Directive also proposes changes to sanctions for legal persons, aligning it with the recent acquis, and includes a harmonised methodology for the calculation of minimum fines.