International Conference on Combating Child Pornography on the Internet

Vienna, 29 September - 1 October 1999

Conclusions and Recommendations

Major overarching conclusions

The working groups elaborated and agreed upon detailed recommendations for action which are contained in the reports of the working groups below. The major, overarching conclusions can be summarized as follows:

1. Zero tolerance against child pornography on the Internet
   
   We commit ourselves to a policy of zero tolerance against child pornography. This requires clear and strong legislation and effective law enforcement. Our efforts must make it clear to any potential perpetrator that the Internet is no longer an anonymous place for crimes and illegal activities.
2. The need for a global partnership among all actors and stake holders
   
   We commit ourselves to the strengthening of partnerships at national and international levels among governments, the Internet industry, hotlines and NGOs. We need an alliance of legal regulation, law enforcement and industry self-regulation. Legal regulation by governments must be complemented by self-regulation of the Internet Service Providers (ISPs). Law enforcement can only be successful with the strong support of ISPs and from hotlines. Governments, the industry and NGOs must join forces in capacity building and training, as well as in awareness raising and empowerment of Internet users.
3. Worldwide criminalization of child pornography
   
   The conference calls for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography. In addition to national legislation, efforts for an international instrument, such as the ongoing negotiations within the Council of Europe on a Convention against Cybercrime, are welcomed and encouraged. States, which have not yet done so, are called upon to enact appropriate legislation. There must be no safe haven. Progress in this area must be monitored. States and regional and international institutions are encouraged to work towards harmonization of legislation. While recognizing some remaining difficulties concerning its definition, the conference identified international minimum standards concerning the prohibition of child pornography, in particular in its application to the Internet.
4. Strengthening law enforcement at national level and improving international cooperation among law enforcement agencies
   
   This requires in particular
   
   
   • the establishment and strengthening of special units dealing with Cybercrime, in particular child pornography, which are adequately equipped with a prompt reaction capacity.
   • the establishment by law enforcement agencies of efficient programmes for specialized training of personnel dealing with fighting child pornography e.g. by organizing regular meetings at national, regional and international levels of competent practitioners with a view to promoting general information exchange, best practices, tactical coordination and analysis of the situation.
   • the creation and maintenance of a digitized central library of child pornography images at national, regional and international levels.
   • the resolution of legal problems and impediments to effective and swift transboundary cooperation, such as questions relating to jurisdiction, legal assistance, expedited procedures for evidence and search and seizure.
5. Closer cooperation and partnership between governments and the Internet industry
   
   The Internet industry is an indispensable partner of law enforcement agencies in the investigation and prosecution of child pornography but also in exchange of experience and capacity building. Open questions concerning the relationship between law enforcement and the industry must be clarified, e.g. the reporting obligations of ISPs and the preservation of data for evidence. Clarification and harmonization of the responsibilities and liabilities of the Internet industry is necessary. In particular,
   
   
   • voluntary self-regulation and codes of conduct of the Internet industry should be strengthened and expanded. Such self-regulatory mechanisms must be compatible with and complementary to governmental legislation;
   • the Internet industry and law enforcement shall work together to examine mechanisms for preserving data necessary to prosecute child pornography violations, so that the data exists when law enforcement obtains appropriate legal process;
   • the Internet industry and law enforcement should consider together how technology might be used to identify child pornography;
   • the Internet industry has a responsibility to empower Internet users, including children and young people, to protect themselves and, were applicable, their children against illegal content on the Internet (filtering, rating systems).
6. The critical role of Hotlines or Tiplines
   
   We stress the importance of Hotlines or Tiplines, be they established by governments, the industry or by NGOs. They play an important role in allowing users to have an easy point of contact with a trusted third party to whom they can report illegal content, knowing that action will be taken as a result. The work of hotlines has led to much useful intelligence, and led to the removal of many images from the Internet. Their legal status should be clarified and improved, in order to ensure that they are protected against civil liability in connection with information they provide to law enforcement agencies.
   
   We encourage the establishment of new hotlines in countries where they do not yet exist, building upon experiences and best practices of existing hotlines. We welcome the steps undertaken to improve the networks among them, in particular the announcement made at the conference of the establishment of the new Internet Hotline Providers in Europe (INHOPE) Association which is open to other hotline initiatives.?
7. Training and capacity building
   
   The conference identified training and capacity building of law enforcement officials and all other personnel involved as critical and a prerequisite for improving our tools in the fight against child pornography on the Internet. Governments, the industry, hotlines and NGOs must join forces towards this goal. International assistance, including sharing of expertise and training must be provided to countries which are only at the beginning of tackling the challenges of the information society. All staff involved in the combat against child pornography shall receive specialized training in child development and child rights issues.
8. Raising awareness and empowerment of users
   
   We commit ourselves to work towards raising worldwide awareness about this negative phenomenon. We must aim to empower every Internet user, in particular young users, to safely use the vast benefits of the Internet. The compilation of links of initiatives against child pornography on to the website of the conference (www.stop-childpornog.at) can be used as a practical guide for further action.