The United Nations is advocating for the decriminalisation of certain forms of child pornography in a new cybercrime treaty. This includes material shared by children through sexting and depictions of AI-generated or fictional children.
During negotiations in early August, Western nations argued that children who consensually share sexualised images of themselves with other children or adults should not face criminal charges, citing their right to develop sexual relationships.’
An EU delegate emphasised that no EU member state would join the treaty without these exceptions. The proposed UN treaty aims to address these issues.
The treaty
The treaty, which has been under discussion for more than a year, is primarily focused on addressing online crime, particularly targeting the creation, sharing, and ownership of digital ‘child sexual abuse’ content.
However, 91 countries, including the United States and the European Union are pushing for ‘exemptions’ for certain types of child pornography. These exemptions pertain to instances where the material doesn’t involve ‘an actual child’ or when it is self-produced or consensually created for personal purposes.
Western nations have argued that in such situations, prosecution should not be mandatory. Up until now, all such materials were strictly prohibited under an international agreement tied to the UN Convention on the Rights of the Child, which was championed by the U.S.
The suggested exemptions would replace the global prohibition with rules that differ across nations. According to the head of the Cyber crime Committee, the provisions related to child sexual abuse were among the most contentious elements of the treaty, making it challenging to achieve agreement among member states.
‘Treaty’s goal of protecting children undermined?’
Germany supported the proposed exceptions in the treaty, calling them the minimum acceptable. However, Syria, speaking on behalf of 22 countries, opposed these changes, arguing they undermine the treaty’s goal of protecting children. They believe countries can address sexting through rehabilitation or corrective measures, without changing the global laws on child pornography.
Countries opposing the exceptions include Bahrain, Bangladesh, Egypt, Russia, and others. China agreed, emphasising that the treaty should follow current international standards. Rwanda criticised the text, saying it allows offenders to escape punishment, while Congo warned that fully decriminalising sexting is dangerous for children.
UN’s Office of the High Commissioner for Human Rights responds
The United Nations Office of the High Commissioner for Human Rights advocated for the exemptions, claiming that their absence could lead to the punishment of “valid representations in art and literature” involving imaginary characters.
Meanwhile, Human Rights Watch, an NGO supported by Western nations, echoed this stance, asserting that the exemptions are crucial to safeguard creations of “artistic significance” and to uphold the rights of minors.
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Life site report that a delegate from Russia criticised the provisions, suggesting they help child sex predators rather than children.
‘I would like to ask again, which rights are we protecting, those of criminals or those of victims?” said the delegate, according to Zenith.
‘The pedophile lobby, be it high-level bureaucrats in national and international institutions, rulers, men of culture and media opinion makers, managers and international financiers are legalizing pedophilia and child pornography, step by step,” commented Luca Volontè of the Daily Compass. “But we will not be gagged.’
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