CONTENT
Child Sexual Abuse Material (CSAM) Regulation
CONTENT
Child Sexual Abuse Material (CSAM) Regulation
Origin
Proposal for a regulation laying down rules to prevent and combat child sexual abuse 2022/0155 (COD)
General overview
Amongst other things, once adopted, the proposed regulation will replace Regulation (EU) 2021/1232 (the Temporary Derogation), which is set to expire on 3 August 2024. However, a further regulation has been proposed to extend the CSAM derogation until 3 August 2027.
The Temporary Derogation is intended to provide a temporary solution to potential conflicts arising between child protection efforts carried out by online service providers and the provisions of the e-Privacy Directive.
More broadly, the proposed regulation establishes a framework whereby providers of hosting and of interpersonal communication services will have to comply with Detection Orders requiring them to detect, report and remove online child sexual abuse on their services. They will be obliged to proactively assess the risk of their service being misused and, based on the outcome of this risk assessment, take measures to mitigate the misuse proportionate to the level of risk identified.
Providers of software application stores will also be subject to some more limited obligations under the proposed regulation.
The proposed regulation also provides for the establishment of a new EU Centre on Child Sexual Abuse. This body would work with law enforcement and play a coordinating role in the fight against CSAM.
Status
Commission proposal published on 11 May 2022
Negotiations ongoing - Council have yet to adopt negotiating position
Committee on Civil Liberties adopted Report on 14 November 2023 (Parliament's negotiating position)
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Regulation to extend the CSAM derogation to the e-Privacy Directive from 3 August 2024 until 3 April 2026 - adopted by Parliament & Council & awaiting publication in OJ
PROPOSED REGULATION
TEMPORARY DEROGATION EXTENDED TO APRIL 2026