On Thursday 16 April, the Cyprus Presidency of the Council of the EU and the European Parliament met for the third interinstitutional negotiations (trilogues) on the regulation on combating child sexual abuse material (CSAM). The co-legislators are seeking to reach a lasting compromise at a time when the European framework for the protection of minors online is going through a period of legal limbo.
The expiry of the derogation from the ePrivacy Directive on 3 April - following the failure of the trilogues aimed at extending it - put an end to the legal basis that allowed communication service providers to voluntarily scan their platforms to detect child sexual abuse material (see EUROPE 13829/19). Without a new long-term agreement, the technical capacity of companies to identify and report these materials remains legally precarious. A situation that the European institutions want to regularise as quickly as possible.
During today’s discussions, a consensus emerged on the aspects relating to risk assessment, mitigation measures and reporting. This progress echoes the concerns of the Cyprus Presidency, which has been working for several weeks to ensure strict consistency with the Digital Services Act (DSA). In particular, the aim is to avoid duplication of administration for very large online platforms (VLOPs), by suggesting that the European Commission should retain exclusive oversight in order to prevent any regulatory ‘forum-shopping’ by the tech giants (see EUROPE 13841/7).
Nevertheless, the measures governing content detection continue to be the focus of debate. While the European Parliament advocates the introduction of detection obligations for suppliers, the Member States are currently sticking to a voluntary detection regime, with a three-year revision clause. This clause would enable the Commission to assess, at a later date, the need to make scanning compulsory in the light of developments in encryption and privacy protection technologies.
Despite these persistent sticking points, the negotiators have already explored possible compromises that will have to be refined at a technical level before the next political meeting, still scheduled for 11 May.
“The Cyprus Presidency is committed to combating the spread of child sexual abuse material and protecting children from this heinous crime”, reiterated a Cypriot official at the end of the meeting. “We aim is to make as much progress as possible on this proposal over the coming months, with the ambition of concluding this important file during our Presidency”, he added. (Original version in French by Justine Manaud)