A/HRC/28/56
66.
Technology offers new opportunities to empower children. They are advanced users
of the Internet and they actively participate in social media. Initiatives must be adopted
which harness the energy that accompanies the use of social media networks by children
and encourages them to discuss those issues online and support each other in reporting
exploitative behaviour to the authorities. Young persons supporting other young persons
can only be a positive experience, especially when some children believe that “adults don’t
get technology” and therefore may be sceptical about messages produced by adults.
(c)
Filtering
67.
Filtering technologies are another example of the opportunities offered by the
Internet to combat child sexual abuse and exploitation. Their purpose is to prevent child
abuse content from being accessed. A popular method is the use of the INTERPOL “worstof” list, a directory of known sites that host child sexual abuse content. 54 The Internet
Watch Foundation uses the “gold-standard” approach55 and operates a list that is updated
twice daily.56 Many companies across the globe use the list.
68.
Filtering to prevent child sexual abuse and exploitation does not constitute
censorship or a violation of the right to freedom of opinion and expression. As noted by the
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression, child protection concerns have been used as a cover for inappropriate or
disproportionate blocking and filtering.57 However, the right to freedom of opinion and
expression can be restricted on the basis of the right of children to be protected from harm.
Children who are the subject of child pornography are harmed in its production,
distribution, download and visualization. It is legitimate therefore to restrict access to those
images, and States must prohibit them as a criminal act.58 States should establish clear rules
governing filtering, including judicial scrutiny, to prevent filtering and blocking systems
being used to include material other than child pornography.
6.
International cooperation
69.
Article 10 of the Optional Protocol on the sale of children, child prostitution and
child pornography requires States to strengthen cooperation by multilateral, regional and
bilateral arrangements. Article 6 further requires States to cooperate in the investigation,
extradition or criminal proceedings brought in respect of the abuse or exploitation of
children. The issue of mutual legal assistance is crucial in combating child exploitation.
Extraterritorial jurisdiction for those crimes could have a deterrent effect, but requires
effective international cooperation.
70.
As noted above, the role of INTERPOL in the field of combating child exploitation
has become prominent. The European Police Office (Europol) also has established
expertise in that field, including through the provision of training and advice. North
American law enforcement — most notably the Federal Bureau of Investigation, the United
States Postal Inspection Service and the Royal Canadian Mounted Police — have also
54
55
56
57
58
For more information, see www.interpol.int/Crime-areas/Crimes-against-children/Access-blocking.
For more information, see www.iwf.org.uk.
The list is available from https://www.iwf.org.uk/members/member-policies/url-list/iwf-listrecipients.
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, A/69/335, paras. 48–53.
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, A/66/290, paras. 20–22.
17
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