Big tech platforms will once again be allowed to voluntarily scan private messages on social media platforms for child sexual abuse material (CSAM), after the European Parliament last week revived a derogation to e-Privacy rules that it had previously struck down in March.
In what critics have described as a political manoeuvre using a legal loophole, the EU’s temporary CSAM framework was brought back to the table in a vote in Strasbourg on July 9. Although more MEPs opposed it than supported it, the absolute majority needed to reject it was not reached.
The interim measures that allow the scanning of messages will now remain in force until 2028, allowing social media and messaging platforms to voluntarily scan for child sexual abuse material. They do not apply to end-to-end encrypted messages used by apps such as WhatsApp or Signal.
But digital rights and privacy organisations are up in arms anyway, arguing that the rules are draconian and amount to mass surveillance. They refer to them as "Chat Control."
'It's a big breach of our digital rights'
Speaking to Euronews, Simeon de Brouwer from the European Digital Rights (EDRi) association argued that the policy means the EU is "outsourcing to private companies the work of law enforcement without any safeguards".
"It’s a big breach of our digital rights and goes against basic EU values," he argued. "It’s a blank cheque to companies, mostly American ones, to look through all our emails and every photo and video we send to each other and then report it to an American centre that then reports it to EU law enforcement."
The measures adopted last week, referred to by EDRi and other digital rights experts as Chat Control 1.0, are temporary and will eventually be replaced by a permanent regulation, first proposed by the European Commission in 2022.
Talks on the final shape of the law have long been stalled amid political infighting and fierce lobbying. But according to Euronews sources, negotiations are now on track and EU negotiators may be close to reaching a deal.
With talks set to resume after the summer recess, de Brouwer welcomes the fact that, for now, Chat Control 2.0 will not include the scanning of encrypted messages.
"That's very important for journalists who need encrypted communications to protect their sources, and for human rights defenders who are targeted by governments because of the work they do," he explained.
'No one is interested in a general system of mass surveillance'
On the other side of the debate is the European People's Party (EPP), the largest political group in the European Parliament.
The EPP categorically rejects the concept of "Chat Control" and argues that without the temporary framework — what critics call Chat Control 1.0 — there would have been serious repercussions for the EU's efforts to combat online child sexual abuse.
"Our goal was to close a legal loophole that removed the legal basis for detecting child sexual abuse material. And I’m confident that the permanent regulation will strike a balance between privacy and children's rights," Jeroen Lenaers, a Dutch MEP from the EPP, told Euronews.
Lenaers also rejects claims that "Chat Control" amounts to mass surveillance.
"If you read the text, you very clearly see that this simply doesn’t exist. Neither the member states nor the European Parliament is interested in a system of general surveillance."
He accused the far-right, far-left and the Greens in the European Parliament of "setting up a massive public campaign about this with little regard for the facts of the matter, using bold messaging about big, deep states".
Lenaers also invited EU lawmakers who oppose the current and future rules to combat online child sexual abuse to put forward alternatives to address concerns about giving too much power to private companies.
"Let’s put a proposal on the table to give the police and law enforcement the competences."
'It's crazy that protecting children is not the priority'
While the political battle over a permanent framework continues, children's rights advocates are urging EU lawmakers to take action.
"Every single second, it's estimated that 10 children are being sexually abused online," Scharliina Eräpuro, a Finnish-Swedish singer and survivor of child sexual abuse, told Euronews.
Scharliina also criticised what she sees as politically motivated arguments against the rules.
"I have a feeling that politicians voting against the legislation don't actually even know the details. We can ensure that there is privacy and that children are protected."
For her, protecting children online should be a top EU priority.
"It’s crazy that it is not," she said, adding that she expects long-term solutions that also take AI-generated child sexual abuse material into account.
Reacting to critics of the legislation, Scharliina said she felt "disappointed" that children and their rights are not at the centre of the discussion. "For me, obviously, it’s a clear stand. And I understand there are privacy concerns, but what about the privacy of the children?"
She had one final message for EU co-legislators ahead of negotiations on the permanent framework.
"They should be able to find a middle ground. I would be incredibly disappointed if they don’t. Europe can be an incredible role model for the rest of the world since around 60% of known child sexual abuse material is hosted here."
For this story, Euronews also contacted Members of the European Parliament who opposed the temporary rules. They did not accept our request for an interview.
