ECPAT UK Briefing. Online Child Exploitation
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1 ECPAT UK Briefing Online Child Exploitation A transnational collaborative investigation by UK, US and Australian authorities has revealed the extent of the involvement of UK nationals, among others, in the sexual abuse of young children in the Philippines via web link. Michael Eller, a financier from Hertfordshire, has been convicted of multiple offences of online child abuse, including arranging sex offences on children as young as three years old. Eller used a Skype link to direct the commission of sex acts on young children, which he watched via the live video link and streamed to other abusers in exchange for payment. Eller is one of many child sex offenders who use the internet to facilitate the commission of their offences. A recent sting operation by Terre des Hommes in the Netherlands revealed that of the 20,000 people who contacted the profile of Sweetie, a computer-generated image of a child, 110 were UK nationals. WHAT IS ONLINE CHILD EXPLOITATION? Recent years have seen an alarming increase in online child sexual exploitation globally and within the UK. 1 A report produced by CEOP in June 2013 highlights online child exploitation as one of the four key threats in child sexual exploitation and abuse. 2 The methods of online abuse have evolved over the years, and offenders have devised newer, more sophisticated forms of online child abuse, which are becoming increasingly difficult to detect and prevent. Child abusers do not limit their activities to searching on web browsers for pornographic material involving children but are also involved in the creation and sharing of illegal pornographic images and videos of children performing sex acts. These images and videos can be shared through s, peer-to-peer networks and pornography hubs and forums. A recent trend has seen online child abusers moving on to methods such as constraining children to perform live sex acts over video streaming websites. A report compiled by Europol indicates that since 2010 there has been an increase in the involvement of worldwide criminal networks providing pay-per-view websites, through the use of diverse payment methods such as money remitters and electronic money. 3 ECPAT UK contends that online abuse transcending national borders is a new form of child sex tourism. Offenders are able to abuse children in other countries without having to leave their own homes or face risk of detection while travelling and abusing children abroad. As recent cases 1 See: ; 2 Threat Assessment of Child Sexual Exploitation and Abuse, CEOP (June 2013) 3 Europol Child Exploitation Fact Sheet
2 illustrate, UK nationals who are known sex offenders and who possibly have restrictions placed on their movements out of the country, such as Foreign Travel Orders (FTO), are still able to abuse vulnerable children abroad from their homes in the UK through the use of a computer and basic internet access. In another reported case, Timothy Ford, a registered sex offender from Kettering who was known to the authorities, was still able to abuse children from the safety of his own home, through the misuse of the internet. TYPES OF ONLINE CHILD ABUSE CEOP identifies various types of online child abuse, including the proliferation of indecent images of children through the use of peer-to-peer networks, webmail, social networking and file hosting services, the use of the hidden internet, commercial production and distribution, and live video streaming. 4 Their research estimates that in the UK alone, around 50,000 individuals were involved in downloading indecent images of children in An additional risk factor is the opportunity to groom vulnerable children through the increased use of social media. CEOP identified a trend in 2012 of perpetrators investing small amounts of time over large numbers victims, 5 which demonstrates a broadening of the pool of victims at the mercy of child abusers. Child abusers are able to approach vulnerable children from a distance and gain their trust, with little to no risk of detection. Once the child has become familiar with the abuser, he or she becomes an easy target for persuasion to create and share images and videos of themselves with the abuser. A report by Europol indicates that illegal material is increasingly being produced by the victims themselves, some cases showing that the victims are coerced through grooming to produce and share images of themselves with their abuser. 6 Online contact is frequently the precursor to physical contact, and children groomed in this way are at a high risk of physical sexual abuse. This is a particular problem with abuse of children in developing countries, who are in disadvantaged social-economic circumstances. Europol found that child sex offenders travel to specific countries where children are offered by their families or outside facilitators to be sexually exploited, and images and videos of their abuse are then made available on the internet. 7 Local news reports from Kenya indicate that children are lured into prostitution through a complex scheme involving local pimps and international child sex offenders using social media. Local pimps posing as international aid workers instruct vulnerable children, mostly girls, to open Facebook pages to facilitate communication with donors, followed by the child sex tourist sending the child a friend request. The child sex tourist then grooms the child into thinking they are in a relationship, with promises of financial stability. 4 See note 2 above 5 Ibid 6 See note 3 above 7 Ibid 2
3 WHAT FACILITATES ONLINE CHILD ABUSE? Data compiled by the World Bank indicates that at the end of 2012 almost 36% of the world s population uses the internet, with countries classified by the UN as least developed showing a 7% internet use. Countries in the developed part of the world demonstrate a very high use, with 81% of the population of the US using the internet, and over 75% of the EU population. Child sex offenders have exploited the easy availability of inexpensive global communication to abuse vulnerable children in disadvantaged circumstances across the world. With not only the offenders, but also the victims now having easy access to the internet, vulnerable children are now more easily accessible by online predators, and are consequently at a much higher risk In the Philippines, news reports show that webcam child sex abuse has become an organised crime, with local businessmen facilitating the abuse by providing laptops and internet facilities for rent to the families of children who are pushed into what is perceived as a lucrative trade for these disadvantaged and poor members of society. Children in disadvantaged socio-economic situations are targeted because of their heightened vulnerability to dedicated grooming, both of the child and of the community of which he or she is a member, and as such are repeatedly exploited and abused. LAWS AND PRINCIPLES OF JUSTICE AND RIGHTS OF CHILDREN AND CHILD VICTIMS EVERYWHERE International obligations Internationals laws, which the United Kingdom has signed and ratified, do not distinguish between protections for children within the boundaries of member states, and those in other countries. The United Kingdom has an equal duty to protect children abroad from acts carried out by its own nationals, to comply with the spirit of international instruments drawn up for the protection of human rights in general. Some of the key instruments that the UK has ratified include: i. UN Convention on the Rights of the Child The United Kingdom, as a signatory to the UN Convention on the Rights of the Child, is required to give primary consideration to the best interests of the child in all actions concerning children. 8 The convention requires that all appropriate measures, including legislative, administrative, social and educational, be taken to protect children from, among other things, maltreatment or exploitation, including sexual abuse. 9 All appropriate national, bilateral and multilateral measures must be taken to prevent children from being made to carry out unlawful sexual activities, in prostitution, or in pornographic performances. 10 In addition to this, the convention mandates the taking of all 8 Article 3, UNCRC 9 Articles 19 and 34, id 10 Article 34, id 3
4 appropriate measures to promote physical and psychological recovery and social reintegration of child victims of exploitation or abuse, among other things. 11 ii. UN Declaration of Basic Principles of Justice for Victims The requirement to provide appropriate support to victims of crimes is also set out in the UN Declaration of the Basic Principles of Justice for Victims, which mandates that offenders or third parties responsible for their behaviour should, where appropriate, make fair restitution to victims, their families or dependents, which may include payment for the harm or loss suffered. Governments are directed to review practices, regulations and laws to consider restitution as a sentencing option in criminal cases in addition to other criminal sanctions. Where compensation is not fully available from the offender, it is suggested that the State should provide financial compensation to victims. iii. UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law Having specific application to children, through the reference to the UNCRC in its Preamble, this instrument reiterates the requirement to ensure the provision of reparation through the criminal justice mechanism, restitution and compensation to victims for both physical and mental harm suffered. It also places importance on the rehabilitation of the victim, through medical and psychological care, and the provision of legal and social services. iv. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography As a signatory to this Protocol, the United Kingdom is under an obligation to not only criminalise the abuse of children through prostitution (the sale of a child in sexual activities for remuneration) and pornography (the representation of a child engaged in real or simulated sexual activities), 12 but must also ensure that victims of such abuse and exploitation are given appropriate assistance for their social reintegration and full physical and psychological recovery. 13 In addition to this, steps must be taken to ensure that victims are able to seek compensation from those legally responsible for their abuse. 14 The protocol requires that international cooperation is strengthened, not only in order that states are better able to prevent, detect, investigate, prosecute and punish offenders, but also to promote assistance of child victims in their physical and psychological recovery and social reintegration. 15 Further, it is recognised that states need to strengthen international cooperation to address the root causes of the offences, for instance poverty and underdevelopment, which render children more vulnerable to exploitation and abuse. 11 Article 39, id 12 Articles 1 and 2, Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 13 Article 9, id 14 Id 15 Article 10, id 4
5 UK Legislation Technology has advanced at a rate that has not been mirrored in the advances in legislation in the UK. Consequently, many of the potential forms of online child abuse are not addressed by existing legislation, and new threats emerge daily, which cannot be adequately addressed as a result. Legislation in place to deal with isolated incidents of online child sex exploitation is scattered, insufficient and inconvenient to use. Offences relating to indecent images of children (photographs, pseudo photographs, tracings or images derived from photographs or pseudo photographs whether produced by electronic or other means) are dealt with under the Protection of Children Act 1978 in England and Wales and similar provisions in Scotland under the Civic Government (Scotland) Act The offences under the Protection of Children Act are referred to under the Sexual Offences Act The Coroners and Justice Act 2009 deals with offences related to prohibited images of children, including both moving and still images. Risks and challenges With the widespread availability of internet, and the fast evolving methods of child sex offenders to escape detection, it is becoming increasingly challenging to monitor illegal activities regarding offences against children via the internet. Initiatives have been taken by the larger search engines such as Google and Bing to issue warnings when individuals enter search terms looking for child pornography online. However, most abusers will not use regular search engines but have access to dedicated forums where other offenders share illegal content, and as such, are able to evade the available safeguards against online child exploitation. As online child abuse is an extremely fast evolving and widespread trend, legislation to address each and every aspect of the threat cannot be put into place as quickly as necessary. As a result investigators and prosecutors working to prevent, investigate and prosecute offenders are required to be creative in their methods in order to bring the perpetrators to justice. Prosecutors and investigators cannot go to one piece of legislation but must look to different laws and choose from among offences that do not necessarily cover the particular act committed by the offender. 5
6 RECOMMENDATIONS ECPAT UK believes that stronger initiatives need to be taken to address this exponentially advancing threat, to protect children in the UK and abroad, who may be vulnerable for varying reasons from exploitation at the hands of UK nationals and residents. It is the responsibility of the government to assess this threat, understand the root causes of transnational online and live streaming of child abuse, the pull and push factors, the demand from individuals in wealthier nations, as well as the use and effectiveness of existing policies and legislation to address the issue. It should be a priority for the government to put in place policies and amend legislation where necessary to address this threat which is no longer an emerging threat, but an existing and very much present threat. ECPAT believes it is the responsibility of governments to establish mechanisms for victim support and compensation. The UK must take immediate steps to ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, in order to strengthen its commitment on putting in place effective preventive and protective measures against the exploitation and abuse of vulnerable children by its nationals. The UK should work with governments of countries where children are at a higher risk due to their socio-economic situations to address the root causes of their heightened vulnerability, to give disadvantaged communities viable alternatives to avoid children being put in danger of abuse. The welfare of victims must be prioritised at every step, and the UK must take all steps necessary to ensure that all appropriate assistance is given to victims of sexual abuse by UK nationals for their psychological and physical welfare, and reintegration into society. Mechanisms must be established to incorporate fines into any sentence given to a child sex offender, which may be used towards providing compensation to the victims of abuse. The UK must strengthen international cooperation in order to facilitate information sharing at every level, from monitoring of known offenders, investigation of offences, identification and support of victims. The UK must recognise that it has a responsibility for the welfare and protection of children anywhere in the world, where they are at a risk from offences committed by UK nationals. CONTACT Najrana Imaan, Head of Advocacy, Policy & Campaigns (Transnational Child Abuse), ECPAT UK Tel: ; n.imaan@ecpat.org.uk Debbie Beadle, Youth Programme Coordinator; Tel: ; d.beadle@ecpat.org.uk 6
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