New UN Cybercrime Treaty Sparks Concern Over Child Protection

In a move that has raised significant alarm among child protection advocates, the United Nations has adopted a new cybercrime treaty that critics argue could inadvertently legalize and facilitate certain forms of child pornography and pedophilia.

The Treaty's Contentious Provisions

The treaty, finalized by an ad hoc committee of the UN General Assembly in August 2024 and formally adopted at the end of the same year, introduces a new standard for "child sexual abuse/exploitation material" that deviates from the long-established definition of child pornography. Under Article 14.1 of the treaty, child sexual abuse/exploitation material includes any visual, written, or audio content depicting a person under 18 engaging in sexual activities or displaying sexual parts for primarily sexual purposes. However, the treaty also includes several exceptions that have drawn fierce criticism.

Loopholes and Exceptions

The treaty allows states to decriminalize the production, distribution, and possession of sexualized content depicting children, provided it does not represent an "existing person" or visually depict child sexual abuse or exploitation. This means that virtual child pornography and self-generated sexual content by minors, such as sexting, could be exempt from criminalization in some countries. Articles 14.4 and 15.4 of the treaty explicitly permit states to exclude the criminalization of sexting by children under any circumstances, as long as the images are shared consensually[1].

Implications for Child Protection

Critics argue that these loopholes undermine the strict standards against child pornography enshrined in the Optional Protocol of the Convention on the Rights of the Child, which has been ratified by over 178 countries. The new treaty's provisions could fuel demand for child pornography, embolden child predators, and create conflicts of laws across borders, making it harder for law enforcement to cooperate and protect children.

Advocacy and Opposition

The shift from using the term "child pornography" to "child sexual abuse material" (CSAM) has been promoted by some international agencies and advocacy groups, including the U.S.-based Rape, Abuse & Incest National Network (RAINN). They argue that the new term is more accurate and helps focus on the victimization aspect. However, opponents contend that this change in terminology and the associated legal adjustments could lead to a significant increase in child exploitation and make it more challenging to prosecute perpetrators[1].

Global Impact

The adoption of this treaty could have far-reaching consequences, particularly in countries with varying legal standards regarding child protection. For expats in Spain, this means that the country's own laws and international cooperation on child protection could be affected. Spain, like many other nations, has strict laws against child pornography and exploitation, and the new treaty's provisions may create legal and enforcement challenges.

Conclusion

The new UN cybercrime treaty has sparked a heated debate about the balance between protecting children from exploitation and the potential unintended consequences of legal loopholes. As the treaty awaits ratification by forty countries to come into force, advocates and policymakers are urging caution and calling for a reevaluation of the treaty's provisions to ensure they do not compromise the safety and protection of children worldwide.