31/34 Information and communications technology and child sexual exploitation

Human Rights Council Thirty-first session

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil

political, economic, social and cultural rights,

including the right to development

Information and communications technology and child sexual exploitation

Report of the Office of the United Nations High Commissioner for

Human Rights

Summary

In the present report, the Office of the United Nations High Commissioner for Human Rights provides an analysis of the legal framework applicable to child sexual

exploitation online, and identifies the different forms of sexual exploitation online,

including sexual abuse material, grooming, “sextorsion” and child sexual abuse live

streaming. It focuses on ways of preventing this phenomenon through legislation and

empowerment strategies for children and caregivers, includes examples of good practices

and makes recommendations on fighting the sexual exploitation of children online.

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 28/19,

in which the Council requested the Office of the United Nations High Commissioner for

Human Rights (OHCHR) to prepare a report on the theme of information and

communications technology and child sexual exploitation, in close collaboration with the

Special Representative of the Secretary-General on Violence against Children and the

Special Rapporteur on the sale of children, child prostitution and child pornography, as well

as other stakeholders, including States, the United Nations Children’s Fund (UNICEF),

other relevant United Nations bodies and agencies, relevant special procedures mandate

holders, regional organizations and human rights bodies, civil society, national human

rights institutions and children themselves, and to present it to the Council at its thirty-first

session. The report is also based on recent studies by the relevant mechanisms in this

regard, and the need to ensure follow-up to the recommendations contained therein.

II. Current context

2. Information and communications technology (ICT), which encompasses any

communication device or application, including radio, television, cellular telephones, and

computer and network hardware and software, is no longer an optional add-on to children’s

lives, but an increasingly integral component of everyday life. It is as important to the

educational and social development of children and young people as to the entire global

economy. In a recent survey of adolescents in nine countries in Latin America, more than

80 per cent considered quality access to the Internet a fundamental human right (see

A/69/264, para. 76).

3. Growing access to the Internet has brought about almost unlimited possibilities for

children in their access to content and the exercise of their rights, including the right to

receive and impart information and to express opinions. It provides new opportunities for

informal and formal education, creativity, social interaction and civic participation. Such

benefits nonetheless entail growing risks for children; in particular, the rapid expansion of

the Internet globally, with its increasing and instant reach to individuals, has exposed more

children and young people to the risk of sexual abuse and to new forms of sexual

exploitation. These include the proliferation of child sexual abuse images and materials

(child pornography); inappropriate contact with children and “grooming” by unknown

adults; the distribution of self-generated content, including “sexting”; sexual coercion

(“sextortion”) of children; and the broadcasting of videos of the sexual abuse of children,

including by live streaming.

4. This rapidly evolving environment makes it difficult for legislators and

policymakers to keep up with adequate protection for children. Given the transnational

nature of the Internet and the challenges in detection, investigation, victim identification

and enforcement that it poses, States, international organizations and the corporate sector

need to work together to address them.

5. It is nonetheless important to recall that online risks do not necessarily translate into

actual harm to children. When effective strategies are being developed, care should be

taken to differentiate between online risks and harm resulting from online activities. It is

important to go beyond simply attempts to avoid threats to developing children’s capacities

as digital citizens and their ability to respond to such challenges. Rather than curtailing

children’s natural curiosity and sense of innovation for fear of encountering risks online,

efforts should be made to capitalize on their resourcefulness and to strengthen their

resilience while exploring the potential of the Internet.1

III. International legal framework

6. The Convention on the Rights of the Child does not specifically refer to online

protection of children’s rights. Indeed, the worldwide web only came online in 1989 (the

term “Internet” had been used for the first time only seven years earlier), the same year that

the Convention was adopted by the General Assembly.

7. Nonetheless, the Convention on the Rights of the Child and the Optional Protocols

thereto, and the Protocol on the sale of children, child prostitution and child pornography in

particular, are fully applicable to the digital environment, and provide important guidance

for the realization of children’s rights online. In particular, the Convention calls for all

measures to be guided by the best interests of the child (art. 3), to respect and support

children’s growing autonomy and agency (art. 12) and to protect children from

discrimination and violence (arts. 2 and 19). These articles help to capitalize on the

potential of the online environment to promote children’s learning and freedom of

expression (art. 13), to support children in their access to, receiving and imparting

information (arts. 13 and 17), and to protect them from harmful materials and information

(art. 19), from unlawful interference with their privacy or correspondence, and from

situations where their honour and reputation may be at risk (art. 16).

8. The Convention on the Rights of the Child requires children to be protected against

all forms of abuse and neglect (art. 19), including sexual exploitation and sexual abuse (art.

34), and other forms of exploitation prejudicial to the child’s welfare (art. 36). With regard

to images of child sexual abuse, the Optional Protocol on the sale of children, child

prostitution and child pornography prohibits any representation, by whatever means, of a

child engaged in real or simulated explicit sexual activities or any representation of the

sexual parts of a child for primarily sexual purposes, requiring every State to ensure that

producing, distributing, disseminating, importing, exporting, offering, selling or possessing

child pornography is fully covered under its criminal or penal law, whether such offences

are committed domestically or transnationally or on an individual or organized basis. The

Optional Protocol also requires States to criminalize possession of child pornography with

the intent to distribute, disseminate and/or sell it.

9. Article 6 of the Optional Protocol on the sale of children, child prostitution and child

pornography calls upon States parties to afford one another the greatest measure of

assistance in connection with investigations or criminal or extradition proceedings,

including assistance in obtaining evidence at their disposal necessary for the proceedings.

Such assistance is particularly important given the global nature of the Internet and the

international dimension that characterizes much online violence, exploitation and abuse. In

addition, under article 9 of the Optional Protocol, States parties are required to adopt or

strengthen, implement and disseminate laws, administrative measures, and social policies

and programmes to prevent the offences to which it refers. Paying special attention to

especially vulnerable children is another concern expressed, as well as awareness in the

public at large, including children, through information by all appropriate means, education

and training, about the preventive measures and harmful effects of the offences referred to

1 Special Representative of the Secretary-General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks: ICTs, the Internet and Violence against Children, New York, 2014,

p. 22.

in the Optional Protocol. Article 9 also addresses the important issue of rehabilitation and

compensation for children who have fallen victim to offences involving images of child

sexual abuse.

10. In recent years, the Committee on the Rights of the Child has given increasing

attention to ICT and the Internet in its concluding observations. In its recommendations, the

Committee has highlighted crucial areas requiring further efforts, including the adoption of

a national coordinating framework to address all forms of violence against children,

including on the Internet (CRC/C/LUX/CO/3-4, para. 30 (b)); the passing of comprehensive

legislation to criminalize “all forms of child pornography and sexual exploitation of

children on the Internet” (CRC/C/CHN/CO/3-4, para. 46 (d)) and the solicitation of

children for sexual purposes and accessing child pornography by means of ICT

(CRC/C/OPSC/PRT/CO/1, para. 26 (a)); measures to prevent the publication and

dissemination of pornographic material concerning children through surveillance

mechanisms to automatically block offending Internet service providers and other media;

taking prompt steps to establish an authority for Internet safety, licensing of service

providers and checks for content harmful to children (see CRC/C/OPSC/USA/CO/2); and

encouraging cooperation with ICT and other relevant industries to facilitate the

development of voluntary, self-regulatory, professional and ethical guidelines and standards

of conduct and other initiatives, such as technical solutions promoting online safety that are

accessible to children (CRC/C/CHE/CO/2-4, para. 37 (b)). It has also considered the

significant impact that digital media and ICT are having on children’s lives; its general

comments No. 13 (freedom from all forms of violence), No. 14 (best interests), No. 16

(business sector) and No. 17 (right to rest, leisure and play) all make explicit reference to

digital media and ICT. Furthermore, in 2014, its day of general discussion was focused on

the theme of “digital media and children’s rights”.

11. Other bodies have adopted international standards to combat cybercrime and protect

children from online risks and harm, including the United Nations Convention against

Transnational Organized Crime and Convention No. 182 of the International Labour

Organization on the Worst Forms of Child Labour.

12. Several regional conventions are applicable to the issue of child sexual exploitation

online, including the Council of Europe Convention on the Protection of Children against

Sexual Exploitation and Sexual Abuse and the Convention on Cybercrime; the African

Union Convention on Cyber Security and Personal Data Protection; the Agreement on

Cooperation among the States members of the Commonwealth of Independent States in

Combating Offences related to Computer Information; and the Arab Convention on

Combating Information Technology Offences.

IV. Identifying child sexual exploitation online

A. Scope of the problem

13. At the beginning of 1998, fewer than 200 million people around the world were

online. The International Telecommunication Union (ITU) estimates that, by the end of

2015, the number of Internet users globally will have reached 3.2 billion. Of these, two

thirds live in the developing world, where the number of Internet users has doubled in five

years, from 974 million in 2009 to 1.9 billion in 2014.2

14. The growth in connectivity has been accompanied by changes in the way in which

users access the Internet. The penetration of sophisticated mobile technology means that

many online activities are no longer being conducted via computers in fixed locations.

When children use mobile technology, it becomes more difficult for parents or caregivers to

monitor their online activity or to restrict, monitor or control what they access.3

Furthermore, the growing population of children using the Internet opens up opportunities

for perpetrators to connect with potential victims online. The greater availability of

inexpensive mobile devices facilitates the production of child sexual abuse material, while

the emergence of broadband has helped to facilitate the exchange of child sexual abuse

materials, including files containing photographs, video and audio. Lastly, an increasing

number of encryption tools and platforms afford different levels of anonymity to online

child sex offenders, making it harder for the authorities to detect illegal conduct and to

identify perpetrators online.

15. While the growth of the Internet has not in itself created the risk to children, it is

increasingly one of the places where problems now arise. The opportunities that the Internet

affords may amplify, complicate or heighten the potential impact of existing and evolving

forms of violence, abuse and exploitation.

B. Forms of sexual exploitation online

1. Sexual abuse material

16. The creation, publication and distribution of child sexual abuse material online are

among the activities facilitated by new technologies that capture the most attention. Article

3 (1)(c) of the Optional Protocol on the sale of children, child prostitution and child pornography requires States to criminalize the production, distribution, dissemination,

import, export, offer, sale or possession of child pornography. New technologies have,

however, transformed what is actually intended by “possession”, given that the growth in

Internet speed has made it no longer necessary to download and store images because they

can be viewed online.

17. The scale of child abuse material on the Internet has reached an unprecedented level,

with many individual offenders in possession of millions of such images and/or videos.

There has also been a shift in the way material is traded, moving away from commercial

sites to peer-to-peer networks, which facilitate evading filtering and other detection

software and therefore reduce the risk of detection of those seeking and distributing child

pornography (E/CN.15/2011/2, para. 15). Law enforcement operations against peer-to-peer

sharing of files containing child sexual abuse images have identified millions of Internet

protocol addresses offering child pornography.4 Also, the use of “cloud” services

guarantees a degree of user anonymity when exchanging and storing child sexual abuse

online, without any need to host these materials on personal devices. Furthermore, online

virtual currencies are sometimes used to pay for child sexual abuse materials. Such

currencies are often subject to less transparency, and allow users to evade measures taken

2 See ITU Facts and Figures: The World in 2015, available at www.itu.int/en/ITU-

D/Statistics/Pages/facts/default.aspx.

3 UNICEF, Child Safety Online: Global challenges and strategies, December 2011, p. 4.

4 United States Department of Justice, “The National Strategy for Child Exploitation Prevention and

Interdiction”, August 2010.

by the financial industry to combat commercial exploitation (A/HRC/28/56, para.28). In

addition, financial transactions are more difficult to trace in the context of criminal

investigations.

18. According to one non-governmental organization, , online child sexual exploitation

is likely to rise in coming years as Internet adoption rates expand globally and demand

increases for new child sexual abuse material. The organization and its member hotlines

reported a 14 per cent increase in the number of complaints concerning illegal online

content handled globally in 2013, and a 47 per cent increase in the number of confirmed

reports of child sexual abuse material.5

19. Young victims are often the target of these practices. According to the United

Nations Office on Drugs and Crime, between 2011 and 2012 there was a 70 per cent

increase in child sexual abuse material focused on girls under the age of 10 years, and abuse

material involving toddlers or babies is not uncommon (A/HRC/28/55, para. 59). The

majority of victims are female: 81 per cent of the children depicted in known child abuse

material are girls.6 Once online, child abuse images can circulate indefinitely, perpetuating

the harm to children. The circulation of such images contributes to the promotion of a

subculture in which children are perceived as sexual objects, and also strengthens the belief

among those who belong to those communities that it is a “normal” practice since so many

others share the same taste for children (A/69/264, para. 96).

2. Grooming

20. One form of exploitation and abuse that is not expressly mentioned in the Optional

Protocol to the Convention on the Rights of the Child is the solicitation of children, also

referred to as “grooming”. This is not a new form of exploitation, since grooming – which

involves conditioning the child to ensure that he or she acquiesces to sexual contact – has

long been a part of the process of abusing a child. The Internet can, however, accelerate the

grooming process (A/HRC/28/56, para. 38) and allow its reach to be internationalized in

ways that were previously impossible. The advent of social media has further enabled child

exploiters to more readily engage in grooming by using social media platforms to connect

with child victims. According to UNICEF, the Internet deconstructs traditional boundaries

of privacy by creating situations in which children engage in conversation in apparently

private settings, while in fact exposing themselves, wittingly or unwittingly, to an

unknown, worldwide audience. The warning signs that can serve to protect children in the

physical world, such as physical and behavioural cues, or the appraisal of friends or

caregivers – are largely absent online.7

21. While initial concerns focused on offenders who sought to meet children offline,

behaviour has changed to include other manifestations. It is increasingly common for

solicitation to consist of persuading the child to engage in sexual activity in front of a

webcam, the footage of which will then be recorded or to send sexualized photographs to

the offender. Once the footage or photographs have been gathered, often the child will be

subjected to threats if she or he refuses to produce similar material or to pay money

(A/HRC/28/56, para. 38).

5 International Association of Internet Hotlines (INHOPE), “Online child sexual exploitation likely to

rise in the coming years”, 16 April 2014.

6 See INHOPE, victim profiles, at www.inhope.org/tns/resources/statistics-and-infographics/statistics-

and-infographics-2014.aspx.

7 UNICEF, Child Safety Online (see footnote 3), p. 5.

22. Determining the frequency of grooming is problematic owing to the reluctance of

many victims to report abuse. Some studies suggest, however, that almost one in three

children in Europe aged between 9 to 16 have communicated with someone they did not

know online;8 in Latin America, as many as 40 per cent had done so.9 While it is possible

that not all contacts are harmful, it has been estimated that between 13 and 19 per cent of

children have experienced unwanted sexual solicitation.10

23. It should be emphasized that publicity concerning online predators attempting to lure

children into sexual relations by lying about their age misrepresents the overall picture and

nature of the problem. Studies suggest that Internet sex crimes are more likely to fit a model

of statutory rape involving adult offenders who openly seduce underage teenagers rather

than a process of forced sexual assault, age deception or paedophilic child abuse.11

Research conducted in the United States of America suggests that most online offenders

are, in fact, open about being older adults.12 Such openness may potentially complicate

initiatives to protect adolescents from this kind of contact risk given that they may not

regard themselves as victims.

3. Circulation of self-generated content

24. While many sexual images of children are created and distributed without their

consent or knowledge, other images with sexual content may be produced by the children

themselves. The creation and distribution of child-generated sexual content as a part of

“intimate” online interaction or as a result of peer pressure is now a widespread

phenomenon. Often referred to as “sexting”, there is a real risk that the material will be

viewed by persons for whom it was not intended. One study found that 89.9 per cent of the

images assessed had been harvested from the original upload location and were being

redistributed on third-party websites.13

25. In 2013, a survey conducted by ChildLine, a non-governmental organization, of

teenagers aged between 13 and 18 years in the United Kingdom of Great Britain and

Northern Ireland found that 60 per cent of participants had been asked for a sexual image or

video of themselves; 40 per cent replied that they had created an image or video of

themselves; and 25 per cent stated that they had sent an image or video of themselves to

someone else. While most stated that the image had been sent to a boyfriend or a girlfriend,

one third had sent it to someone they had met online but did not know in real life, while 15

per cent had sent it to a total stranger.

26. It is important to work with children to raise their awareness of the risks involved in

this practice. It is furthermore necessary to ensure that any problem can be adequately

addressed as soon as it arises. Firstly, children should have access to a child-friendly

reporting and complaint mechanism that provides a secure and confidential way of

8 Stephen Webster et al., European Online Grooming Project: Final Report, European Commission,

March 2012, pp. 24–25.

9 Sergio García de Diego, Understanding the use of ICTs by children and young people in relation to

their risks and vulnerabilities online specific to sexual exploitation: a youth-led study in Latin

America (ECPAT International, Bangkok, June 2012), p. 38.

10 Helen Whittle et al., “A review of young people’s vulnerabilities to online grooming”, Aggression

and Violent Behaviour, vol. 18, No. 1 (January–February 2013), p. 65.

11 UNICEF, Child Safety Online (see footnote 3), p. 40.

12

Janis Wolak, “Research findings in the United States about sexual exploitation via virtual

interactions”, in Research Findings on Child Abuse Images and Sexual Exploitation of Children

Online (ECPAT International, Bangkok, 2009), p. 7.

13 Internet Watch Foundation, Emerging Patterns and Trends Report #1: Youth-Produced Sexual

Content, 10 March 2015.

reporting self-generated sexually explicit content to the relevant authority. Secondly, once it

has been confirmed that an image or video of a child is of a sexually explicit nature,

procedures must exist to ensure fast and effective removal of the content.

4. Sexual extortion or “sextortion”

27. Self-generated images are sometimes used by perpetrators to manipulate or coerce

children to obtain sexual favours from them. “Sextortion” refers to the process by which a

person is coerced with a view to procure sexual favours, sexual material, money or other

goods. There usually is a perceived imbalance of power between the perpetrator and the

victim allowing the perpetrator to exert coercive pressure on the victim to accede to sexual

or monetary demands. The sexual component in this practice can involve demands for all

types of sexual activity, such as exposing private body parts, posing for sexual photographs

or submitting to physical abuse.

28. Many young people and children sharing self-generated sexual content online do not

take any steps to conceal their identity or location. This increases the risk of extortion by

perpetrators using identifying information and personal information to coerce the victim. In

additionally, when the extortion results in the dissemination of self-generated indecent

images online, this can result in other negative consequences for the victims, such as

cyberbullying, further victimizing the child.

5. Child sexual abuse live streaming

29. In recent years, rising Internet coverage, the availability of improved broadband

connections and mobile technology combined with other social and cultural factors in the

developing world have facilitated the emergence of an evolving form of child online sexual

exploitation: child sexual abuse live streaming.14 In this case, adults pay to direct and view

a live video of children performing sexual acts in front of a webcam. The practice

transcends borders, given that the viewer may be located in any part of the world without

the need to travel, which makes detection and enforcement more difficult.

C. Risk factors increasing vulnerability

30. While Internet coverage is spreading rapidly across the globe, its development is not

equal, with online connectivity varying greatly from one country to another. Moreover,

children may interact with the Internet in different ways, which makes them vulnerable to

different risks.

31. In poorer countries, children who have access to the Internet may be particularly

vulnerable to online solicitation because their economic situation may pressure them into

accepting propositions that include payment.15 At the same time, parents and teachers might

be unaware of the online risks involved, effectively removing an important source of

support and protection for children.

32. Different age groups experience online risks in different ways and are also targeted

differently. Younger children may be particularly vulnerable online because they lack

technical expertise and the ability to identify possible risks. According to figures compiled

by the Internet Watch Foundation, more than 80 per cent of victims in known child sexual

14 See Save the Children, “Webcam Child Sex Tourism. Becoming Sweetie: a novel approach to

stopping the global rise of Webcam Child Sex Tourism”.

15

Warren J. Blumenfeld and R.M. Cooper, “LGBT and Allied Youth Responses to Cyberbullying:

Policy implications”, International Journal of Critical Pedagogy, vol. 3, No. 1, 2010.

abuse images are 10 years of age or younger (while 3 per cent are 2 years of age or

younger). This figure is up from 74 per cent in 2011.16 On the other hand, older children are

the primary targets of sex offenders who use the Internet to groom victims and to meet

them offline,17 and may also face unusually high risks of exposure to harmful material and

cyberbullying (E/CN.15/2014/7, para. 40).

33. Gender differences also influence how children perceive and respond to online risk:

while boys appear to be more bothered by online violence than girls, girls are more likely to

be concerned by contact-related risks.18

34. Research suggests that young people who already face challenges in their daily lives

are also at risk of encountering problems online. Children belonging to vulnerable groups −

including those of lower socioeconomic status, children affected by migration, children out

of school, children belonging to minorities and children with disabilities − may be less

likely to enjoy the benefits offered by the online environment or to receive information

regarding online safety than their peers.19

35. Social isolation also affects the nature of a child’s online behaviour and the amount

of activity online, as well as a child’s propensity to seek help when problems arise

(E/CN.15/2014/7, para. 40). Isolated children and adolescents are more likely to share

sensitive information publicly, including inappropriate or sexually explicit material, with a

view to gaining acceptance and attention (ibid., para. 29). This has led researchers to

identify a “double jeopardy” effect whereby children with more psychological problems

suffer greater harm from both online and offline risks.20

V. Preventing and addressing child sexual abuse and exploitation through information communications technology and the Internet

36. The challenge of creating a safe online environment for children lies in developing a

range of responses that strike a balance between maximizing the potential of ICT to

promote and protect children’s rights while minimizing risks and ensuring children’s safety

and protection. A digital agenda for children should be integrated as a core component of a

comprehensive national, coordinated and well-resourced policy framework to prevent and

address all forms of violence against children. To be effective, the agenda should be

inclusive and empowering, involve all stakeholders, aim at reaching all children, and be

informed by their views and experiences online.

37. The main components of such a strategy include legislative reform; developing

policy and guidance for relevant sectors; strengthening institutions; achieving better

coordination through multi-stakeholder engagement; capacity-building; and systematic data

collection and research.

16

See E/CN.15/2014/CRP.1, para. 126.

17

Janis Wolak, “Research findings in the United States about sexual exploitation via virtual

interactions” (see footnote 12), pp. 6-9.

18

Sonia Livingstone et al., Risks and safety on the internet: the perspective of European children, LSE

Research Online, 2011, p. 62.

19 Special Representative of the Secretary-General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks (see footnote 1), p. 18.

20

Leen d’Haenens, Sofie Vandoninck and Verónica Donoso, “How to cope and build online

resilience?”, EU Kids Online, 2013, p. 1.

A. Prohibition, criminalization, prosecution and the victim’s right to effective assistance and redress

1. National legislation

38. Many States do not have an adequate legislative framework to facilitate effective

investigations into and prosecution of online sexual exploitation and abuse of children. In

2012, only 69 of 196 States had legislation considered sufficient to combat child

pornography offences, while 53 States still had no legislation that specifically addressed

child pornography. Of the 74 States that had some legislation specifically addressing child

pornography, 47 did not criminalize the knowing possession of child pornography,

regardless of intent to distribute.21 Equally, criminal procedure and evidence laws do not

reflect the unique challenges of investigating and prosecuting offences related to online

sexual exploitation and abuse of children.

39. National legislation is indispensable if children’s access to ICT and the enjoyment of digital literacy without discrimination of any kind are to be assured. The law should ban

all forms of violence in all settings, including cyberspace; secure children’s protection;

provide for effective remedies, recovery and reintegration to address online harm, abuse or

exploitation; and establish child-sensitive counselling, reporting and complaint mechanisms

and procedures, as well as mechanisms to fight impunity.

40. Although legislation must be flexible in order to avoid constant updating, it must

convey a clear message of prohibition of all manifestations of violence. It should address

loopholes associated with emerging concerns, including new forms of online abuse, and

develop procedures in criminal proceedings to facilitate investigation and prosecution. In

addition, legislation should apply extraterritoriality, and prohibit abuse of children

wherever in may occur.

2. Detection and reporting

41. Given the global nature of child online sexual abuse, it is important that States

strengthen cooperation through multilateral, regional and bilateral arrangements. Mutual

legal assistance and transnational cooperation for effective detection and reporting systems,

information-sharing and other security systems are crucial. Under the Optional Protocol on

the sale of children, child prostitution and child pornography, States are required to

cooperate in the investigation, extradition or criminal proceedings brought in respect of the

abuse or exploitation of children. Extraterritorial jurisdiction for those crimes could have a

deterrent effect, but requires effective international cooperation.

42. International cooperation should be complemented by partnerships with other stakeholders, particularly the private sector, to develop the technological tools necessary to

enable identification, investigation and prosecution before the courts, as well as the active

involvement and participation of children as advocates of child protection. Governments

should establish accessible, safe and child-friendly reporting systems and institutions,

which should be supported by effective and well-resourced services, and respectful of

children’s rights.

43. Research suggests that reporting tools offer a particular benefit to girls, vulnerable

children and children from poorer homes, and that the more widely and deeply children use

the Internet, the more likely they are to use reporting tools if upset by something they

21 See International Centre for Missing & Exploited Children, Child Pornography: Model Legislation &

Global Review, 7th ed. (Alexandria, Virginia, 2013), p. iv.

encounter online. Children less experienced in Internet use should therefore be specifically

encouraged and enabled to use online reporting tools, which should be easy to use and

simple.22

3. Blocking and filtering

44. Blocking and filtering lists are important mechanisms used to combat child sexual

abuse and exploitation online, by preventing such content from being accessed. It does not

in and of itself constitute censorship or a violation of the right to freedom of opinion and

expression; as noted by the Special Rapporteur on freedom of opinion and expression,

however, child protection concerns have been used as a cover for inappropriate or

disproportionate blocking and filtering on issues such as sexual and reproductive health,

sexuality, politics and advocacy (A/HRC/17/27, para. 9).

45. States should establish clear rules to prevent filtering and blocking systems from

being used to process anything other than child sexual abuse material. Blocking lists and

filtering should have a clear legal basis, sufficient transparency and effective safeguards

against misuse, including judicial oversight. All citizens, and especially children, should

have the right to know about any restrictions that are in place, and have the basis for them

explained.

4. Training of law enforcement and those involved in the administration of justice

46. In conjunction with a strong legislative framework, it is also important that specialist

law enforcement units be created to investigate those offences and that they work closely

with specialist agencies that are trained to work with child victims. These investigations

require highly sophisticated, cutting-edge technology, such as forensic computer analysis,

to gather the appropriate electronic evidence. Law enforcement online is particularly

challenging given that physical contact need not occur in order for a crime to be committed,

and much of the evidence involved in these cases is in a volatile electronic format that may

elude traditional policing methods. 23

Only by building up a framework of dedicated officers

can those offences be properly tackled (A/HRC/28/56, para. 54).

47. In addition to specialized forces, it is important that training on offences relating to

sexual abuse of children be institutionalized in the training for all members of the judiciary, prosecutors and law enforcement. This is required to handle digital evidence and

to assess the weight and value of this type of evidence, as well as to understand child abuse and exploitation cases associated with the use of new technologies.

5. Care, recovery and reparation for victims

48. When considering the detection, investigation and prosecution of child online sexual

exploitation, it is important that the process be victim-centred. Recovery of the child and

the avoidance of re-victimization should be given due consideration when deciding whether

and when to prosecute an offender. In the best interest of the child, that may entail allowing

the victim a period of recovery to receive the necessary support, as well as assistance in

cases where the child victims will interact with the justice system. Criminal prosecution of

a perpetrator should not adversely affect the health and recovery of the victim, and the

victim’s rights and interests should be secured and protected throughout the legal process.

22

Special Representative of the Secretary-General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks (see footnote 1), p. 59.

23

UNODC, Comprehensive Study on Cybercrime, February 2013, p. xi.

49. While the majority of international law is focused on the criminalization of activities

and the punishment of offenders, there should also be recognition of the need to provide

redress to child victims and to compensate them for the harm suffered. Compensation and

restitution measures may ensure that child victims have the means to seek rehabilitation,

recovery and reintegration. The ability to bring civil action should be provided regardless of

the economic status of the victim, including through the provision of legal aid or through

the establishment of a State-operated compensation system.

B. Empowerment of children

50. Giving children the tools to protect themselves against threats on the Internet and to

become more aware of their responsibilities is one of the most effective ways of

safeguarding children’s rights not to be sexually exploited and abused. Children adopt new

technologies with ease, but they need skills and confidence to be able to feel secure when

they explore the borders of the digital universe. Children need to develop their capacities as

digital citizens.

51. At the same time, children should be encouraged to develop their social skills and

their “social literacy”. Digital and social literacy skills provide the foundation for the

responsible use of ICT, and can enhance a child’s capacity to protect him or herself from

harm. In particular, children with both digital and social skills are more likely to avoid, and

adequately respond to, risks that they may encounter in the digital world. 24

52. A degree of risk is inherent in the use of ICT, with risk not just deriving from

children’s behaviour online but also from the behaviour of others (such as peers) and

perpetrators online and offline; the risk does not, however, inevitably translate into harm for

children and young people. The more children engage in online activities, the more they

gain skills and resilience, and become self-confident. In turn, the more skills they possess,

the more opportunities they may explore, with a greater chance of encountering associated

risks. More skills can, however, reduce the harm that children experience, and help children

to cope better with such risks.

53. The potential of children to address their own protection concerns is closely

associated with their evolving capacities. The fact that some children and young people

adopt new technology quickly does not mean they do not require support, information and

guidance on protection strategies in order to remain safe.

54. Given that curiosity is normal and healthy, adolescents need information about the

risks and dangers of online contact, in particular with adults. Children should be informed

in an age-appropriate and child-friendly manner on how to report threatening or

inappropriate interactions and violence, and the process that is likely to follow. This

requires the establishment of counselling, complaint and reporting mechanisms that are

widely available, easily accessible, child-sensitive and confidential.25

55. In accordance with their obligations under article 12 of the Convention on the Rights

of the Child, States should ensure the effective and ethical participation of children and

young people in the development of policies and practices related to ICT and child sexual

exploitation when designing prevention tools and in relation to children’s service needs.

24 Committee on the Rights of the Child, report of the 2014 day of general discussion, “Digital media

and children’s rights”, p. 83.

25 Special Representative of the Secretary-General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks (see footnote 1), p. 45.

C. Support for families, teachers and caregivers

56. Openness and accessibility are two of the primary advantages of the Internet, but

they also entail some of its greatest risks. ICTs, and the unsupervised online access they

facilitate, make children potentially vulnerable to violence, abuse and exploitation in ways

that are often difficult for parents, caregivers, teachers and others to detect and address.

57. Often even very young children have a more sophisticated understanding of the

Internet and mobile phone technologies than their parents and caregivers do. Many parents,

teachers and caregivers are therefore not sufficiently informed about online safety tools or

on possible online risks for children.

58. While research is still limited in many countries, studies suggest that where parents

and teachers have less training and support in Internet use, children engage in more risky

behaviours online.26 Evidence suggests that children are more likely to report unwanted or

upsetting contacts or content to parents who themselves understand the Internet or who

have been available and open to discussions of Internet use with the child.27 Parents and

caregivers themselves must therefore be supported to better understand the online

environment, how children and young people operate in it, the type of risks they might

encounter, the harm that can potentially ensue and the most effective ways to avoid this

harm and to develop resilience among children and young people.

59. Similarly, communities at large need to be aware of the issue of sexual exploitation

online and capable of providing a safe environment for children, as well as a proper

response to victims. For children to be able to speak out about this issue, it is necessary to

break taboos and eliminate harmful cultural or contextual beliefs that allow exploitation or

cause people to keep silent about child sexual exploitation.

60. Schools also have a unique potential to promote non-violent behaviour and to

support change of attitudes that condone violence. Through quality education, children can

gain the skills and abilities to use the Internet with confidence, to avoid and address risks,

and to become well-informed, responsible digital citizens. Education includes promoting creative, critical and safe use of the Internet and preventing and responding to incidents of

online violence. A precondition for any school-based initiative is for teachers themselves to

understand the online environment and to have the ability to identify early signals of abuse,

as well as to advise, guide, empower and support children and young people.28

D. Role of the private sector

61. The private sector, an essential driver for societies and economies, can contribute

actively to the promotion of children’s rights, minimizing risks and securing online

protection for children. While the Internet is used by everyone, it is privately owned.

Governments should work together with such actors as Internet service, hosting and content

providers, search engines, payment services, telecommunications companies, manufacturers

of ICT, “cloud” computing companies, social media sites and even small businesses, such

as Internet cafes.

26 Sonia Livingstone and Monica E. Bulger, A Global Agenda for Children’s Rights in the Digital Age,

September 2013, p. 21.

27 Ibid., p. 20.

28 Special Representative of the Secretary-General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks (see footnote 1), p. 48.

62. The Guiding Principles on Business and Human Rights, the Children’s Rights and

Business Principles, and general comment No. 16 of the Committee on the Rights of the

Child on State obligations regarding the impact of business on children’s rights

(CRC/C/GC/16) provide important guidance in this area, addressing the safety of children

and preventing the risk of harm, abuse or exploitation. The ITU/UNICEF Guidelines for

Industry on Child Online Protection provide a sound framework for promoting the positive

use of the Internet and mechanisms for reporting child sexual abuse online, and for

encouraging safe and age-appropriate awareness and education for children, parents and

teachers (A/69/264, para. 118).

63. While many positive initiatives have been launched and vital tools have been

developed, more consistent action is needed, including on restricting access to child sexual

abuse material and content harmful to children, age verification and guidance on child

safety addressed to children and parents (A/69/264, para. 119). Companies should

implement codes of practice and safeguarding standards, and be fully aware of how their

services can have an impact on children online and create potential safety risks.

E. International cooperation

64. Given the nature of child sexual exploitation through ICTs, international cooperation

is indispensable when tackling the problem. The need for such cooperation is clearly

spelled out in both international and regional instruments, and should include cooperation

between States, international and regional organizations, and national and international

non-governmental organizations.

65. The Special Representative of the Secretary-General on Violence against Children

organizes an annual round-table discussion with regional organizations and institutions to

enhance cross-regional cooperation and accelerate progress in children’s freedom from

violence. The forum has become a strategic mechanism in the promotion of policy

dialogue, the sharing of knowledge and good practices, facilitating cross-fertilization,

coordinating efforts and fostering synergies, identifying trends and pressing challenges, and

joining forces to strengthen children’s safety and protection.

F. Data collection and further research

66. One of the most significant challenges to understanding children’s use of ICTs and

engagement with the Internet is the lack of research from developing countries. In many

countries, particularly in parts of Asia, the Middle East, and Africa, it is not known whether

and how children access the Internet, let alone what the consequences might be (A/69/264,

para. 23). These countries are both home to the majority of the world’s children and young

people and the places where Internet access is now growing most rapidly.

67. Data and research on children’s safety, exposure to risk, the impact of harm and

factors that affect children’s resilience are essential for the development of law and policy.

States should undertake research, data collection and analysis on an ongoing basis to gain a

better understanding of how children access and use digital and social media, and their

impact on children’s lives. The data should cover both risks and opportunities for children,

and be disaggregated in order to facilitate analysis on the situation of all children,

particularly those in a situation of vulnerability.

VI. Examples of good practice

68. The ITU “Connect a School, Connect a Community” initiative is a public-private

partnership designed to promote broadband Internet connectivity for schools in developing

countries. It is based on the concept that connected schools should cater not only for the

children who attend them, but also for the broader communities in which the children live.

In this way, schools can serve as community ICT centres for disadvantaged and vulnerable

groups, including women and girls, indigenous peoples and persons with disabilities.

Children and adolescents attending connected schools will have improved access to the

latest ICT, while community members will receive ICT-based training on basic life skills

together with training to develop business and ICT-specialized skills.29

69. In Costa Rica, a range of legal and policy steps have been taken to enhance

children’s online protection. In December 2010, a national commission on online safety

was established with a multidisciplinary, inter-sectoral structure, comprising representatives

of both public and private institutions. Its role is to devise policies on the safe use of the

Internet and ICT, as well as to develop a national plan of online safety. Its activities include

raising awareness of the appropriate use of the Internet and digital technologies; proposing

initiatives to prevent access by children to inappropriate content; promoting safe access to

the Internet; developing strategies to avoid the inappropriate use of the Internet; and

proposing legislation to strengthen the rights of individuals, communities and institutions

with regard to Internet access.30

70. Safer Internet Day is an annual event when countries around the world raise

awareness about online safety. Schools are normally involved in the awareness-raising

activity to ensure that the message reaches different stakeholders, including children,

parents and teachers (A/HRC/28/56, para. 61).

71. INHOPE is a network of 51 hotlines in 45 countries that receives reports of child

pornography hosted on the Internet, refers them to the relevant authorities. In 2013,

INHOPE received more than 1.2 million reports of illegal content and identified nearly

40,000 unique images hosted on the Internet (A/HRC/28/56, para. 51).

72. The Virtual Global Taskforce is a key example of international cooperation. It

consists of 12 law enforcement partners and a number of private sector partners, including

Blackberry, Microsoft and PayPal, and a variety of child protection agencies. The

Taskforce helps to share intelligence and coordinate law enforcement, which has resulted in

successful investigations (A/HRC/28/56, para. 71).

73. The Philippines Anti-Child Pornography Act comprehensively prohibits the

creation, distribution and viewing of child pornography. The law requires private sector

actors, such as Internet service providers, private business establishments and Internet

content hosts, to assist in the fight against child pornography and to notify authorities in the

event that they discover that their servers or facilities have or are being used to commit

child pornography offences. Service providers are also required to install programmes or

software designed to filter and block child pornography. Importantly, the Act requires

appropriate forms of protection for child victims of pornography offences, which includes

strict confidentiality in the handling of evidence, protecting witnesses and assisting in

recovery and reintegration (see A/HRC/28/55).

29 Special Representative of the Secretary General on Violence against Children, Releasing Children’s

Potential and Minimizing Risks (see footnote 1), p. 49.

30 Ibid., p. 57.

74. The Child Helpline International Foundation is a global network of 192 child

helplines in 145 countries that together receive more than 14 million contacts a year from

children and young people in need of care and protection. It supports the creation and

strengthening of national toll-free child helplines worldwide, and uses child helpline data

and knowledge to highlight gaps in child protection systems and to advocate for the rights

of children.

VII. Conclusion and recommendations

75. While OHCHR notes that efforts have been made at different levels to ensure

effective laws and policies to protect children from sexual exploitation online, it is

fundamental that States:

(a) Ratify all relevant regional and international instruments regarding the

sale and sexual exploitation of children online;

(b) Establish clear and comprehensive legal frameworks to prohibit and to

criminalize all forms of sale and sexual exploitation of children online;

(c) Improve coordination through effective multi-stakeholder engagement

bringing together relevant State agencies, non-governmental organizations and

representatives of industry; at a general level, a multi-stakeholder platform should be

put in place to propose a safe, inclusive and empowering digital agenda for children;

(d) Strengthen support for services responsible for the identification of

victims, as well as for the detection, investigation, prosecution and punishment of

those responsible for any offences committed;

(e) Ensure that children – both girls and boys, as well as children in

vulnerable or marginalized situations – are consulted in order to take into account

their views and experiences in developing laws, policies and programmes relating to

digital media and ICTs;

(f) Promote and facilitate international and regional coordination and

collaboration to ensure effective enforcement of the applicable legal framework;

(g) Establish a permanent global task force to harmonize practices and

procedures, share expertise and scale-up good practices, and to provide States with

assistance in developing national laws, policies and strategies to effectively combat

online child sexual exploitation;

(h) Encourage public-private partnerships to promote the use of ICT to

support children’s access to information on their rights and to facilitate their

participation in the shaping of policies, programmes and services concerning them;

(i) Coordinate with the ICT industry so that it develops and puts in place

adequate measures to protect children from the risks posed by ICT. Where such risks

are detected, States and industry should work together to provide prompt and

effective procedures for the removal of prejudicial or harmful material involving

children. States should comply with the ITU/UNICEF Guidelines for Industry on

Child Online Protection;

(j) Further strengthen awareness-raising and education programmes for

children on preventing and responding to risks when they use digital media and ICT,

with the involvement of children, including through the development of child-friendly

information material; this should include programmes on privacy risks related to the

use of digital media and ICT and regarding self-generated content;

(k) Promote action to empower educators and parents to accompany and

support children in acquiring skills to live in the digital environment;

(l) Provide adequate and continuous training for law enforcement

personnel, members of the judiciary and professionals working with and for children

with the aim to enhance their technical skills;

(m) Ensure accessible, safe, confidential, age-appropriate, child-friendly and

effective reporting channels, such as child helplines, for reporting violations of

children’s rights in relation to digital media and ICT; this should include the

provision of safe, child-friendly and confidential points of contact for children to

report self-generated sexual content to the relevant authority;

(n) Strengthen coordination between all actors and sectors in the protection

system ensuring referral of cases and effective support to children victims; this should

include the development of a child protection strategy that ensures that the protection

and care of victims is paramount in investigations and that sets out good practices in

the handling of victims;

(o) Empower and provide adequate resources to national institutions

responsible for guaranteeing human rights to allow them to play a key role in

monitoring child online sexual exploitation; such institutions should have a specific

mandate to address the rights of children in relation to digital media and ICT, and be

able to receive, investigate and address complaints by children in a child-sensitive

manner, ensure the privacy and protection of victims, and undertake monitoring,

follow-up and verification activities for child victims;

(p) Conduct action-oriented research into the perpetrators of online abuse,

the ways in which children are victimized online, and the factors that make

individuals more vulnerable, with a view to prevent abuse and strengthen professional

responses to victims in terms of investigation, rescue, recovery and reintegration.