Resistance lingers to Hungarian presidency’s new push for child sexual abuse prevention regulation

Resistance to the Hungarian presidency’s approach to the EU’s draft law to combat online child sexual abuse material (CSAM) was still palpable during a member states’ meeting on Wednesday (4 September).

The note, presented at a meeting of ambassadors on Wednesday, seeks political guidance to make progress at the technical level, the EU diplomat told Euractiv.

With the voluntary regime expiring in mid-2026, most member states agree that urgent action is needed, the diplomat continued.

But some member states are still resistant to the Hungarian’s latest approach.

Draft law to detect online child sexual abuse material stalled again

The draft law to detect and remove online child sexual abuse material (CSAM) was removed from the agenda of Thursday’s (20 June) meeting of the Committee of Permanent Representatives (COREPER), who were supposed to vote on it.

Sources close to the matter told Euractiv, that Poland and Germany remain opposed to the proposal, with smaller member states also voicing concerns, potentially forming a blocking minority.

Although France and the Netherlands initially supported the proposal, the Netherlands has since withdrawn its support, and Italy has indicated that the new proposal is moving in the right direction.

As a result, no agreement was reached to move forward.

Currently, an interim regulation allows companies to voluntarily detect and report online CSAM. Originally set to expire in 2024, this measure has been extended to 2026 to avoid a legislative gap, as the draft for a permanent law has yet to be agreed.

Hungary is expected to introduce a concrete textual proposal soon. The goal is to agree on its general approach by October, the EU diplomat said, a fully agreed position among member states which serves as the basis for negotiations with the European Parliament.

Audio communications excluded in latest draft of child sexual abuse material law

A new compromise text of the draft law on online child sexual abuse material (CSAM), dated 28 May and seen by Euractiv, excludes audio communications from the scope and tries to strike a new balance between encryption and fighting CSAM.

Before the meeting

A document, dated 29 August and sent by the Hungarian presidency to the Committee of Permanent Representatives (COREPER) ahead of Wednesday’s meeting, had revealed that the aim is to secure a partial general approach by 10 October.

A partial general approach is a progress report on a file, while a (final) general approach would be adopted by the Council to give the Parliament an idea of its position on the Commission’s legislative proposal.

The document suggested that detection orders should only apply to known CSAM, with new CSAM and grooming addressed through risk assessments.

“Known” material refers to content that has already been circulating and been detected, compared to “new” material that has not been identified. Detection orders require searching for specific CSAM, while risk assessments involve evaluating and managing the risk of such material.

In the text, the presidency also suggested extending the temporary exemption from certain provisions of the ePrivacy Directive, which governs privacy and electronic communications, for new CSAM and grooming.

The document also recommended adding a review clause to periodically reassess whether new CSAM should be included in detection orders in the future, removing redundant safeguards for detecting new CSAM, and requiring online service providers to work with the new EU Centre to develop effective detection technologies.

Service providers are online companies managing content, and the EU Centre is a new planned agency aiding in the fight against CSAM.

Service providers in focus of new compromise text of online child sexual abuse draft law

The Belgian EU Council Presidency’s latest compromise text of the draft law on detecting and preventing online child sexual abuse material further clarifies risk categorisation thresholds and lays out service providers’ obligation for data retention.