Revision of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography

In September 2021, the Commission launched a REFIT initiative to assess the implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, with a view to revising it. This appraisal takes stock of reports published by the Commission, positions adopted and analyses submitted by EU institutions and agencies, and the relevant European Court of Human Rights case law. The directive requires the EU Member States to criminalise a series of offences, including online child sexual abuse. Yet, it does not cover all of the related technological issues or provide clues on how to reconcile respect for fundamental rights with the urgent need to combat sexual abuse against children. The directive must be understood within the broader frame of applicable EU legislation, including the proposed regulation on online child sexual abuse currently under discussion. Analysis demonstrates a need to amend the directive, with a focus on stronger preventive measures, educational programmes and assistance to victims, and more efficient investigation and prosecution mechanisms including through international cooperation.