GSMA position paper on the European Commission proposal for a Regulation laying down rules to prevent and combat child sexual abuse
The GSMA fully supports the European Commission’s goal to combat child sexual abuse online. As representative of the mobile telecoms industry, the GSMA and its members take this issue extremely seriously and are wholly committed to preventing and helping combat child sexual abuse online. In 2008, an international group of mobile operators formed the GSMA Mobile Alliance, seeking to create significant barriers to the misuse of mobile networks and services for hosting, accessing, or profiting from child sexual abuse material (CSAM).[1]
Whilst we share the European Commission’s intention to combat the abuse against children in the broadest way possible, we caution that tackling known CSAM, unknown CSAM and solicitation of children requires different technical solutions and tailored regulatory interventions to balance the conflicting fundamental rights at stake. Against this backdrop, the GSMA takes this paper as an opportunity to share its views on the Commission’ proposal:
- Clear distinction between number-based and number-independent interpersonal communications services to prevent major implications on fundamental privacy rights. Expectations currently outlined in the regulation are not technically applicable nor proportionate for traditional communication services, which use is not meant for the dissemination of visual content. As indicated by the European Data Protection Board ‘the scanning of audio communications is particularly intrusive and as such must remain outside the scope of the detection obligations set out in the proposed Regulation’.
- End-to-end encryption must remain guaranteed under all circumstances. State-of-the-art technologies are not mature enough to be used accurately, and whilst it is possible such technologies will be developed, there must be clear and specific detail in the regulation that indicates that any measures will not affect encryption.
- Alignment with the Digital Services Act to ensure proportionality and effectiveness in removal of CSAM. As foreseen in the Digital Services Act orders should be directed to the specific provider that has the technical and operational capabilities to remove specific items of content, in order to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content.
- Support the EU Centre on Child Sexual Abuse. Internet services providers already block URLs by court order or hotline’s request; however, a pan-European list would help overcoming current fragmentation of removing and blocking URLs containing CSAM across Member States.
[1] GSMA Mobile Alliance to fight Child Sexual Abuse Content
For more information please contact:
Pierantonio Rizzo
Director, EU Affairs, GSMA
Pierantonio Rizzo leads the public policy activities on Digital Economy and Society matters at the GSMA Europe. In his role of Director EU Affairs, Pierantonio is responsible for Platform economy, Data, Artificial Intelligence, Consumer policy and Disinformation. He also contributes to the work of the European Commission’ stakeholders expert group on the REFIT of Consumer law.
Prior to joining the GSMA in 2017, Pierantonio worked at the European Parliament for an Italian MEP, where he followed the activities of IMCO and AFET Committees. He began his career as policy analyst at Rohde Public Policy, a public affairs consultancy firm.
Pierantonio holds a Masters of European Affairs from the Catholic University of Paris and a LLM from the University of Bologna, during which he had an exchange program with the Université Paris II Panthéon-Assas. Pierantonio speaks Italian, English, French and is currently learning Spanish.