Emergency fix allows social media companies resume reporting child abuse material

Reports from social media companies about sex abuse material had dropped by 50% since the ePrivacy directive came into effect — but the European Commission has now moved to ensure firms can disclose such activity. Picture: iStock

Social media companies can now continue to lawfully detect and report child sex abuse material after a “temporary solution” was hammered out at EU level to undo the unintended consequences of new privacy laws.

EU justice chiefs said reports from internet companies to police across the union collapsed by over 50% since privacy rules were brought in last December, resulting in hundreds of cases of child abuse imagery “going unnoticed” every day.

The EU Commissioner for Home Affairs Ylva Johansson said that “permanent answers” still need to be found and that she planned to introduce new laws later this year.

'We need a permanent answer to the persistent threat against children:' Ylva Johansson, the EU Commissioner for Home Affairs, emphasised that the current initiative is merely a temporary quick fix. Picture: European Union 

The problem arose after the European Electronics Communications Code entered into force last December, which unintentionally created legal uncertainty for companies submitting voluntary reports.

The reports covered both child sexual abuse imagery and grooming.

Ms Johansson led efforts to deal with the problems resulting from the ePrivacy directive, which did not provide a legal basis for the voluntary processing of content or traffic data for the purpose of detecting child sexual abuse.

Children’s groups, including the ISPCC and CARI in Ireland, campaigned for a derogation to the directive. 

This was obtained following what Ms Johansson described as “difficult” negotiations between the EU Parliament and Council.

Speaking on Monday, she said: “Worried about privacy rules, some Internet companies stopped voluntary reporting of child sexual abuse material last December. In a few short months, reports dropped by 53%.” 

The commissioner said the interim regulation ends uncertainty for companies, but added: “It does not end danger to children:  

This is only a temporary solution to fix an acute emergency. We need a permanent answer to counter a persistent threat against children.

"Still this year, I will propose new permanent EU rules. Rules that will include detecting and reporting obligations for companies and will provide a solid legal basis for the providers’ activities. 

ISPCC senior policy and public affairs manager Fiona Jennings said the charity welcomed the commissioner’s address affirming the legal right of companies to act against child abuse material.

“Companies reporting this type of harmful activity to law enforcement including Europol can mean that children can be potentially identified, rescued and protected from future harms and abuse being perpetrated upon them,” she said.

She commended companies that continued to use this technology, but said that because others had stalled its use there had been a “devastating drop” in reports.

She said vulnerable children were left in “horrific situations”.

Ms Jennings said the ISPCC was delighted to hear that Commissioner Johansson intended to develop new permanent, legally binding EU rules obliging companies to detect and report such activity.

“This move away from the current voluntary position is hugely encouraging and warranted," she said. "Something that causes harm of this magnitude to children should not be left to the voluntary inclinations of such companies."

• Contact: ISPCC childline, 1800 666666, or text 50101; CARI helpline, 1890 924567