Strasbourg, 28/04/2000 (Agence Europe) - During its last plenary session the European Parliament approved Austria's initiative concerning child pornography on the Internet, with the adoption of the report by British Conservative Timothy Kirkhope, with 453 in favour, 1 against and 3 abstentions. The Parliament did, however, call for the Council draft decision to be strengthened. The Parliament's amendments aim above all at making the definition of offences stricter with a provision stipulating that the "production, sale and distribution or any form of trafficking of child pornography material and the possession of such material is punishable by law". It also introduces a definition whereby "child pornography consists in the visual representation giving the impression that a sexual act is committed on a child or that a child commits a sexual act on his or herself, on another person or on an animal. The fact that proof is given showing that the person in the scene is not a child or that the act did not really take place does not bring about exculpation. Production of child pornography material constitutes infringement even if it does not give the impression that the person represented is a child, when that person really is a child". The Parliament calls for the crimes and offences committed in third countries to be followed up in the context of the national law of the country of origin. The Member States should establish records of the authors of sexual crimes listing persons found guilty of having diffused child pornography material or having sexually exploited children. Information contained in these records could be made accessible to all Member States and to Europol (255 in favour, 188 against and 11 abstentions). The Member States should also ensure that Europol is immediately informed of suspected cases of child pornography.
During the debate, Commissioner Antonio Vitorino pointed out that the European Commission fully supports all the Parliament's amendments because they give very important clarification about the definitions of legal notions and the tasks entrusted to the judicial authorities.