EU countries want to extend temporary child sexual abuse regulation to 2027

Member states want the interim regulation on online child sexual abuse material to be extended until 3 August 2027, according to a document shared with EU ambassadors, seen by Euractiv.

The interim regulation is a temporary measure meant to allow companies to continue to voluntarily detect and report online child sexual abuse material (CSAM), originally set to expire on 3 August 2024.

However, the proposed permanent regulation is still languishing in the EU Council of Ministers. The European Parliament adopted its position on the file in October.

The draft law, which seeks to create a permanent solution, attracted criticism as in its original form, it would empower judicial authorities to ask intercommunication services like WhatsApp or Gmail to scan people’s private messages to find suspected content.

The new interim rules are to bridge the legislative gap until the permanent ones take effect. As such, an extension has been expected for a while.

Initial extension

At the end of November, the European Commission extended the interim regulation until 3 August 2026.

Euractiv learned at the time of the extension that the news was also announced during a coordinators’ meeting of the EU Parliament’s Civil Liberties Committee. The team to work on the draft law will be the same as two years ago, with MEP Birgit Sippel as rapporteur for the file.

The rapporteur of the permanent regulation, centre-right lawmaker Javier Zarzalejos,  Pirate MEP Patrick Breyer, and centrist Sophie in ‘t Veld reportedly will be among the team to work on the draft law as well.

The Commission’s initial plan was for the extension to last one year, so it is possible that adding two years was a last-minute decision. Yet, ever since the extension was announced, rumours have been going around about potentially adding another year to it.

The document by the Permanent Representatives Committee (COREPER), dated Thursday (14 December) and seen by Euractiv, now confirms this longer timeframe.

According to the text, “considering the comments made by delegations, the Presidency compromise text amends the Commission’s proposal to increase the period of application” of the interim regulation “by 3 years instead of 2 years, i.e. until 3 August 2027”. Euractiv understands that this new extension could be adopted next Wednesday (20 December) by COREPER II.

As it is extremely unlikely a political deal on the permanent solution will be found before the end of this mandate, the idea appears to be to give a more relaxed timeframe for the negotiators to reach an agreement in the next one.

The decision to further extend the interim rules came in the wake of discussion at the Law Enforcement Working Party dedicated to Police affairs, a technical body of the Council, on 1 December.

During the meeting, France said that the proportionality of the regulation was important, and the opinion of the Council’s legal service, which had also recommended stronger protection of users’ fundamental rights, should also be considered, according to reporting by Netzpolitik.

The presidency subsequently concluded that the Council was not ready to start negotiations with the Parliament.

At the end of November, European Commission Spokesperson for home affairs Anitta Hipper told Euractiv that when the interim regulation expires, “Internet companies will be forbidden to detect this criminal content in online messages. This will make it easier for predators to share child sexual abuse material, groom children in the EU and to get away with it unpunished.”

According to the spokesperson, “To fight these crimes, we need a permanent solution, with strong safeguards for data protection, and efficient processes to prevent and tackle child sexual abuse online. This is key to rescue and protect children in the real world.”

[Edited by Luca Bertuzzi/Nathalie Weatherald]

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