Brussels is scrambling to salvage “Chat Control 1.0”, before the EU’s temporary derogation allowing platforms to scan messages for child sexual abuse material expires on 3 April, with no agreement in sight. To do so, it employs — according to critics — unorthodox means.
This Wednesday afternoon, the European Parliament rejected a last-minute attempt by the Greens/EFA group to remove the file from Thursday’s agenda, clearing the way for a re-vote. Their request was defeated by 344 votes to 163, with 14 abstentions, exposing deep divisions across political groups.
Greens, The Left and parts of the Socialists & Democrats and Renew Europe argued Parliament should not reopen a file it had already decided. But the EPP, ECR and far-right groups, along with a larger share of S&D and Renew, pushed to keep the vote on the table.
Trilogue collapse triggers re-vote
The battle comes after trilogue negotiations with the Council failed earlier this month. Before that, on 11 March, members of the European Parliament (MEPs) backed an extension of the rules, but under tighter safeguards. The Parliament’s position limited scanning to suspected individuals, required judicial authorisation, and stressed that measures must remain “targeted and proportional”. This compromise passed with a broad majority of 458 votes in favour.
However, EU governments refused to accept those limits in talks with Parliament, and the negotiations ended without agreement. Thursday’s vote is therefore an attempt to reopen and potentially overturn Parliament’s position from two weeks ago.
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Critics say the move is unprecedented. According to Ella Jakubowska, Head of Policy at European Digital Rights (EDRi), the Council did not accept a single one of Parliament’s substantive demands during trilogue, and the push for a re-vote is an attempt by the EPP to rewrite the outcome after negotiators failed to secure the result they wanted.
The digital rights group argues that “in democracy we cannot re-vote until we reach the outcome that power players want” and says the lack of time to negotiate was itself a deliberate tactic, accusing the EU Commission, certain EU governments and the Conservative party of attempting to rewrite the result after failing to secure a deal.
Political clash
The EPP has framed the extension as a pragmatic measure to protect children and has repeatedly taken to social media to call on the S&D to back the proposal. “We cannot let predators hide in a legal vacuum”, the group wrote ahead of the vote, arguing that voluntary detection has been “instrumental” in identifying abuse. According to the party, more than 80% of child sexual abuse investigations begin with reports from online platforms.
Moreover, MEP Lena Düpont (EPP/GER) blamed the stalemate on political opponents: “This failure is not accidental — it is the direct result of the socialists’ inability to deliver effective legislation where it matters most,” she said, warning that without action “children across Europe remain exposed”.
Opponents, however, see it differently. Greens/EFA MEP Markéta Gregorová criticised attempts to reopen the file, saying that “a broad democratic majority of the Parliament does not want indiscriminate scanning” and warning that pushing for a second vote risks undermining both Parliament’s position and citizens’ trust.
Two possible outcomes
If Thursday’s vote produces a new majority in favour of a broader extension, it could unlock a rapid political deal with the Council, possibly as early as next week. According to a leaked internal document, one scenario under discussion is an agreement on the sidelines of a Council meeting of fisheries ministers on Monday. An unusual but procedurally possible route.
On the other hand, if MEPs reject the re-vote or fail to secure a majority for a new extension, the current framework will expire without replacement. That would leave platforms facing immediate legal uncertainty over whether they can continue their current detection practices. Still, companies would have obligations under the Digital Services Act to remove illegal content. Whether this provides a basis for proactive scanning remains unclear.
Even in the case MEPs approve a new position on Thursday, officials say it is already too late to avoid disruption. EU legislation requires at least 15 days to enter into force after adoption, making a legal gap all but inevitable.
A test for “Chat Control 2.0”
The outcome of Thursday’s vote is also a test of whether Parliament can hold the line ahead of the far more difficult negotiations on the permanent CSAM regulation, known informally as “Chat Control 2.0”.
For now, the EU is heading into a re-vote that has become a war over privacy, surveillance and the limits of political compromise, with the clock almost out.
