Bernard J. Durkan
Question:164 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the steps which can be taken to combat child pornography through the Internet; and if he will make a statement on the matter. [12913/04]
View answerWednesday, 5 May 2004
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Written answers
The Internet is an international phenomenon. It has no borders and there is no single organisation controlling it. Measures to combat child pornography on the Internet are therefore hampered by a multiplicity of jurisdictions, differing legal systems, and indeed differing societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer.
For the above reasons, combating the production and availability of child pornography requires a combination of responses, and the co-operation of all the stakeholders, at both national and international level — legislators, law enforcement, schools, child protection practitioners and, most important of all, parents and guardians.
In terms of legislation, in the Child Trafficking and Pornography Act 1998, Ireland has one of the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography — films, videos, or material in written or auditory form including material produced or transmitted via the Internet are offences, with penalties of up to 14 years' imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to five years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years' imprisonment.
The Garda Síochána is committed to the investigation of all cases of child pornography and the importance of investigating the child protection issues involved in such cases. The paedophile investigation unit, which is located within the domestic violence and sexual assault unit of the National Bureau of Criminal Investigation, is in existence since November 2002. This unit is tasked with the investigation and co-ordination of cases relating to the possession, production and distribution of child pornography, and any alleged sexual abuse pertaining to same.
Computer forensics are carried out by the paedophile investigation unit and also the Garda Bureau of Fraud Investigation using up to date forensics. As suspected criminal cases are complex, members of the Garda Síochána are continuously updating their skills in the investigation of child pornography on the Internet. Given the international dimension of these offences, there is continuous co-operation and liaison with other police forces in an effort to investigate and combat these crimes.
On the structural side, the Government established a working group in 1997 to examine and report on the whole question of the illegal and harmful use of the Internet with particular reference to child pornography. The report of the working group on the illegal and harmful use of the Internet was published in July 1998. The main recommendation of the report was for a system of self-regulation by the Internet service provider industry. The components of such a system were to include the following: an Internet Advisory Board, IAB, established in February 2000, which promotes awareness of Internet downside issues, co-ordinates efforts to combat child pornography on the Internet and monitors the progress of self-regulation by the Internet service provider industry; a public hotline for reporting child pornography, established 1999 and funded by the industry; and an industry code of practice setting out the duties and responsibilities of each Internet service provider, agreed in February 2002.
The Internet Advisory Board oversees and monitors progress on child pornography measures, and supervises a self-regulatory regime for the Irish Internet service providers. Its brief also extends to general downside issues on the Internet including general safety for children. The hotline, www.hotline.ie, funded by the Internet Service Providers’ Association of Ireland with support from the EU safer Internet action plan, was launched in November 1999 and has been operating since that time. Special protocols operate between the Garda and the hotline which maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted. The hotline works closely with, and is a founding member of the international INHOPE association, www.inhope.org, a network of European hotlines which is expanding to all parts of the world. The INHOPE association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography.
The self-regulation approach to Internet regulation has been adopted world-wide and the board helps and supports the Irish Internet service provider industry to deliver an effective self-regulation environment, in accordance with an agreed code of practice and ethics for the industry. That code of practice and ethics is recognised throughout Europe as a model of its type. International co-operation is a vital part of the fight against child pornography on the Internet, and Ireland is fully committed to playing its part.
In September 2001, the Council of Europe Ministers' deputies approved the first international convention on cybercrime. Ireland signed up to the convention in June 2002. The main objective of the convention is to foster international co-operation in protecting society against cybercrime. The convention deals specifically with the distribution of child pornography on the Internet, infringements of copyright, computer related fraud and violations of network security.
The European Union has take a strong line on combating child pornography on the Internet. Under the safer Internet action plan, the EU is providing financial and other supports for measures in the member states to combat illegal and harmful uses of the Internet, with particular emphasis on protecting children. A proposal for a new EU action plan, Safer Internet Plus, covering the period 2005 to 2008, with a budget of €50 million, is being progressed under the Irish Presidency. A new Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography was adopted by the EU Council on 22 December 2003, and my Department is currently examining its requirements in order to determine whether or not new legislation will be required in order to comply with its provisions.