After a four-month legal gap, EU governments have restored temporary rules allowing online platforms to detect child sexual abuse material while negotiations on the bloc’s permanent proposal continue.
Member states approved on Thursday the temporary rules that allow online service providers to resume voluntary detection of child sexual abuse material (CSAM), after the measure was paused in April. The regime, known as “Chat Control 1.0”, will apply until 3 April 2028 or a permanent regulation is in place.
“With the green light given, we have moved quickly to address the legal gap that existed when the derogation to the ePrivacy Regulation lapsed in April,” said Irish Justice Minister Jim O’Callaghan, whose country currently holds the Council presidency. “The decision taken by the Parliament earlier this month, and by the Council today, allows online providers to resume their voluntary efforts to fight the spread of child sexual abuse material online”.
The European Commission welcomed the decision. “The temporary solution is a positive step for the fight against child sexual abuse online. Our children will be better protected. But the EU needs permanent rules in place,” commented Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.
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A controversial Parliament vote
The Council’s approval follows an unusual European Parliament vote on 9 July. MEPs rejected the prorogation twice, resulting in the regulation expiring on 3 April. The file was revived after Parliament President Roberta Metsola sent Parliament’s position to a Council second reading, which was seen as an unprecedented call. Critics accused Ms Metsola of disregarding the chamber’s previous positions.
During the July plenary session, more MEPs, 314, voted to reject the move. However, second reading requires an absolute majority of all serving MEPs. This means 50 per cent plus one, that is 361 votes, and opponents did not reach that threshold.
Under the reinstated derogation, companies can voluntarily scan certain unencrypted private communications. This includes direct messages on some social media, gaming and other communication platforms. Providers may use detection tools to identify previously known CSAM and, in some circumstances, suspected new material or grooming.
However, the regulation does not oblige companies to scan their services. What it does is give providers the legal basis to do so. One of the provisions added is to guarantee that end-to-end encrypted communications are excluded from the renewed temporary rules.
Critics raise concerns about mass surveillance
Former MEP Patrick Breyer, vocal critic of the Chat Control proposal, sees the Council decision as a win only for the big tech corporations. “Pushing through the re-enactment of blanket Chat Control 1.0 without the approval of the European Parliament is a democratic embarrassment. The tech industry wins, but our children lose out,” he said.
Breyer points to data from the German police to describe the ineffectiveness of the measure. It indicates that more than half of the reports received from US technology companies were not criminally relevant. He also looks at the parallel consequences. “A record 113,000 personal photos and chats were wrongfully leaked last year in Germany alone, and thousands of teenagers were criminalised. The current system doesn’t protect children; it subjects them to algorithmic mass surveillance and criminalisation,” he argues.
To him, a child-protection strategy should focus on “targeted undercover police work against actual suspects, the systematic searching and removal of publicly accessible abuse material at the source, and requiring platforms to implement ‘security by design’ to stop grooming before it starts”.
Child rights groups welcome the measure
On the other side, child protection organisations argue that voluntary reports are a critical source for police investigations and to identify victims. The European Child Sexual Abuse Legislation Advocacy Group (ECLAG) welcomed the renewal. “The extension of the Interim Derogation ensures that children remain protected online while policymakers continue negotiations on a permanent solution,” said Nathalie Meurens, ECLAG spokesperson.
The centre-right European People’s Party presented the decision as an urgent need. “This interim solution is a vital emergency measure to restore basic safety online, but it is only a temporary fix,” said Spanish MEP Javier Zarzalejos. “We will settle for nothing less than a robust, comprehensive, and long-term framework that leaves no blind spots for predators to exploit.”
The EPP claims that up to 55,000 reports of suspected abuse were missed each day after the derogation expired in April. Besides, it claims that voluntary detection generated up to 99 per cent of reports and triggered four out of five criminal investigations.
The battle over Chat Control 2.0
The next dispute is “Chat Control 2.0”. The permanent regulation was proposed by the European Commission in 2022 and will create a long-term framework on the subject.
Negotiations have repeatedly stalled over whether detection orders should cover private communications and whether they could be implemented without weakening encryption or subjecting all users to generalised monitoring. The discussions are expected to resume in September.
“We call on the co-legislators to continue intense work and make swift progress on the long-term framework,” said Commissioner Virkkunen. “The Commission will continue to support the co-legislators in delivering an effective, permanent and clear solution that protects our children.”
Also Commissioner for Internal Affairs and Migration Magnus Brunner stressed that the renewed derogation was not a final solution. “This is only a temporary fix. We urge the co-legislators to agree on an effective, long-term legal framework to protect children,” he said.
Child rights organisations made a similar call. Meurens warned that repeated extensions should not replace permanent legislation. “Temporary measures cannot become the norm,” she said. “The EU must now deliver a durable legal framework that puts children’s rights and safety first.”
Until an agreement on Chat Control 2.0 is reached, the temporary rules will remain in force up to April 2028.
