Council of the European Union: Decision to Combat Child Pornography on the Internet

IRIS 2000-7:1/2

Francisco Javier Cabrera Blázquez

European Audiovisual Observatory

On 29 May 2000, the Council of the European Union released its Decision to Combat Child Pornography on the Internet. The Decision substantially endorses the draft Decision presented by Austria on 16 December 1999 (see IRIS 2000-1: 5), while most of the amendments introduced by the European Parliament (see IRIS 2000-5: 3) have been rejected. For instance, the form of a Council Framework Decision proposed by the Parliament has not been accepted, neither has the definition of the actual offence of child pornography. Also, the Decision does not suggest that Member States take the necessary measures to ensure that child pornography is punishable by effective, proportionate and dissuasive penalties or to include provisions concerning possession of child pornographic material. On the other hand, the Council followed the Parliament's proposal to allow law enforcement authorities to defer actions when tactically necessary for getting at those behind the criminal operations, or at networks (child pornography rings).