EU Sounds Alarm Over Legal Gap in Online Child Abuse Protections

The European Commission on Tuesday called on EU member states and lawmakers to “dramatically speed up” work on new rules to combat child sexual abuse material online, following the expiration of an existing framework.

A legal derogation that allowed online platforms and messaging services to voluntarily detect and report abusive images lapsed on April 3, after prolonged disputes between governments and the European Parliament over an overhaul of the system.

“The co-legislators must now dramatically speed up their work” to establish a long-term solution, said Guillaume Mercier, a European Commission spokesman, during a Brussels press conference. “We will support them in negotiations to proceed as quickly as possible to reduce any legal gap.”

Tech giants including Google, Microsoft, Meta, and Snapchat announced last week that they would continue taking “voluntary action” to scan messages when necessary. However, they warned that the lapse of the legal derogation, which previously provided a clear framework, undermined the “legal certainty that has helped responsible platforms try to protect our communities.”

“We are disappointed by this irresponsible failure to reach an agreement to maintain established efforts to protect children online,” the companies wrote.

When asked whether continuing scans without clear legal backing could put companies in breach of privacy rules, Mercier avoided a direct answer. He stressed, “The protection of our children should not be subject to autonomous business decisions by companies, but rather be based on clear and binding rules.” He added that Brussels remains “fully committed to ensuring that detection continues to be possible.”

For years, the 27-nation EU has debated tightening regulations, currently allowing platforms to detect and report abusive material voluntarily. The Commission’s 2022 proposal aimed to make such reporting mandatory and to include attempts by predators to contact minors.

While supported by some child protection groups, the plans—nicknamed “Chat Control”—have sparked fierce debate, with critics, including EU data protection authorities, warning of potential disproportionate privacy risks.

Negotiations between lawmakers and member states failed last month, and a last-ditch attempt to temporarily extend the existing system also fell short, leaving the EU without a clear legal framework for child protection online.