Ombudsman Criticizes European Commission for Secrecy on Child Sexual Abuse Legislation

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European Commission Accused of Maladministration

The European Ombudsman has criticized the European Commission for its refusal to release documents related to the Child Sexual Abuse law, deeming the action as “maladministration.” The ombudsman, tasked with ensuring proper administration within EU institutions, investigated the Commission’s denial of access to policy papers and meeting minutes involving the child protection NGO Thorn.

Thorn’s Role in Policy Discussions

Thorn, co-founded by US actors Demi Moore and Ashton Kutcher, aims to prevent online child exploitation. The NGO was actively involved in discussions with the European Commission from 2020 to 2023, meeting with high-profile EU officials including Commission President Ursula von der Leyen and Home Affairs Commissioner Ylva Johansson. These meetings focused on the Commission’s proposal to mandate social media platforms and messaging apps to scan for child exploitation content.

Secrecy Sparks Controversy

The Commission refused the outlet Follow the Money access to these documents, citing protection of Thorn’s commercial interests. This triggered a complaint to the Ombudsman, who found that withholding the documents was unjustifiable. The Ombudsman noted that some documents had already been leaked or shared with national authorities, undermining the Commission’s argument.

Influence on Legislation

The Ombudsman concluded that Thorn had significantly influenced the legislative process of the Child Sexual Abuse Material (CSAM) regulation. The Commission’s impact assessment revealed that Thorn’s input was crucial in shaping the proposal. The Ombudsman emphasized the public’s right to know, given Thorn’s role in the decision-making process.

Stalled Discussions on CSAM Regulation

Currently, discussions on the CSAM regulation are stalled within the Council of the European Union. The Belgian presidency failed to gain enough support for a balanced approach to online privacy and child protection. The Hungarian presidency will resume discussions in October, as reported by a source from Hungary’s Permanent Representation to the EU.

The Ombudsman’s findings highlight the need for transparency in legislative processes, especially when public interest is at stake.


SOURCE: Ref Image from CSA Center

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