A/HRC/43/40
28.
Examples of investigations carried out by law enforcement agencies demonstrate
that transnational collaboration brings more effective results. 17 However, such operations
entail dedicated and trained police forces, with adequate technical capacity to monitor the
encrypted paedophile networks, lawfully access retained IP addresses to secure evidence,
and engage with the private sector, overseas operating companies and foreign enforcement
agencies.18 This requires proper legislation and adequate allocation of budgets.
29.
Given the scale and complexity of the challenge, it is impossible for law
enforcement agencies to tackle the problem single-handedly.19 Prevention must be
prioritized, including through education programmes and awareness-raising campaigns
targeting children and families inside and outside school settings. Children from all
backgrounds should receive access to protection tools, software, and concrete information
on how to identify abuse and report crimes and where to receive assistance. Children’s
perspectives about how digital platforms can help them be safe and resilient should be
included in prevention strategies.
30.
The Special Rapporteur has repeatedly mentioned the danger of sexually
exploitative virtual representations of children in subgenres of manga, anime, computer
graphics and video and online games that contain depictions of extreme child abuse
material (A/HRC/31/58/Add.1, paras. 22, 23 and 67). Despite the toughening of legislation
in some countries, this type of child abuse material can still be accessed and purchased
online.
31.
While some private sector stakeholders have taken the initiative to include child
online protection in their standard operating procedures, most small and medium-sized
companies are not yet aware of their negative impact on the lives of children or choose to
ignore it. Effective accountability of private industry should be overseen by Governments
(see A/HRC/17/31, annex). This should be supported through national legal provisions
obliging companies to develop and implement mechanisms to detect, report and block child
sexual exploitation material, and enforce proper codes of conduct and minimum
standards. 20 Children’s rights should be built into their business models and include a
safety-by-design approach.
32.
Regulation should further ensure that competent national authorities can access the
data and evidence necessary under due process to ensure effective investigations and
prosecutions of online crimes so as to guarantee the protection of children. This process
must be guided by international human rights law and principles related to the rights to
freedom of expression and access to information. 21
33.
It is important to emphasize that ICT can serve as an essential element of successful
prevention and response strategies, supporting efforts of law enforcement agencies and
non-governmental organizations. Where domestic laws have not yet caught up with
international standards, private sector stakeholders have an opportunity to bring their
practices in line with these standards and promote innovative solutions and positive
change. 22 The INTERPOL “Worst of” list and, in the United States of America, the
CyberTipline, managed by the National Center for Missing and Exploited Children, are
examples of how such collaboration can help address child sexual abuse material more
effectively.23
34.
The Special Rapporteur welcomes all collaborative efforts, institutionalized at the
national and global levels. The WePROTECT Global Alliance’s Global Threat Assessment
17
18
19
20
21
22
23
6
See the submission from the European Union.
INTERPOL, “Safeguarding children from harm: a priority for global experts”, 14 November 2019.
See the submissions from Latvia and the United Arab Emirates.
An example of voluntary principles developed jointly by Governments and private sector stakeholders
was presented during the WePROTECT Global Alliance summit in 2019. See Australia, Ministry for
Home Affairs, “Address at the Global Summit to tackle online child sexual exploitation, Addis Ababa,
Ethiopia”, 12 December 2019.
Office of the United Nations High Commissioner for Human Rights (OHCHR), “‘Let’s connect for a
safe, empowering and inclusive Internet’: Safer Internet Day”, 10 February 2015.
Thorn is an example of an initiative aiming to achieve these goals (www.thorn.org).
See www.interpol.int/Crimes/Crimes-against-children/Blocking-and-categorizing-content and
www.missingkids.org/gethelpnow/cybertipline.
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