Luxembourg is calling for tighter network controls

The European Parliament’s decision to end voluntary monitoring mechanisms for private communications has drawn sharp criticism from Luxembourg’s Children’s Ombudsman (OKaJu), Charel Schmit. In his view, the repeal of the temporary exemption from the ePrivacy Directive will deal a devastating blow to the detection and prevention of sexual abuse of minors in the digital environment.

Since 2021, the transitional directive has allowed major messaging platforms to voluntarily scan users’ messages for prohibited content. The statistics cited by Schmit confirm the effectiveness of this measure: 99% of material referred to European judicial authorities was provided precisely as a result of proactive reports from the platforms. However, the majority of MEPs refused to extend this mechanism, justifying their decision on the grounds of protecting citizens’ fundamental right to privacy and the unacceptability of total surveillance.

This decision has created a dangerous legal vacuum. Although the initiative to strengthen child protection was first proposed back in 2022, political discussions have reached an impasse. Charel Schmit emphasises that the lack of real-time monitoring plays into the hands of criminal networks involved in the distribution of illegal content, as law enforcement agencies are effectively deprived of their main source of information.

For Luxembourg, the problem is particularly acute. According to international rankings, the Grand Duchy ranks fourth in terms of the number of instances of child abuse material hosted on local servers, with 186 reports recorded per 10,000 inhabitants. The latest BEE SECURE report confirms that the situation is worsening. In light of this, the Ombudsman is calling on the Luxembourg government to step up pressure on European institutions to swiftly adopt a new directive capable of protecting children’s rights without compromising digital freedoms.