Interpellation Feri (17.3530): Child pornography
Submitted text
Today, sexual child abuse increasingly takes place by means of new information and communication technologies. There are no limits to the rapidly evolving phenomena of child pornography, sexual abuse via live streaming, sexting, SNUFF movies, etc. Recent media reports show that public prosecutors and police forces are confronted with increasingly complex cases and are reaching their limits in investigations due to the flood of digital data. In practice, it can be observed that child pornography is becoming more serious and the victims younger.
Bright field statistics (cf. police crime statistics 2014 – 2016) show an increase of 16 percent in 2016 compared to the previous year in reported crimes for prohibited pornography (Art. 197 StGB).
These data also show that over 70 percent of the victims are minors. The extent to which offenses against sexual integrity are committed through the use of ICTs has not been systematically recorded in Switzerland to date. Since 2017, it has now been mandatory for the police corps to record the variable “offense occurrence” for a selection of offenses (including Articles 187, 198, 197 SCC). Thus, cybercrime phenomena should be visible in police crime statistics in the future.
I would ask the Federal Council to answer the following questions:
- Would he be willing to clarify, whether the currently valid foundations of criminal law are up to date and sufficiently take hold to fully protect children from sexual exploitation and abuse through new and rapidly evolving forms of commission using ICTs, as required by international law?
- Would he be willing to Jurisdiction in the cantons on offenses against the sexual integrity of children in a report and to examine whether they take into account the new phenomena by means of the rapidly developing forms of commission (sexting, SNUFF films, child sexual abuse via live streaming, child sexual abuse in the area of child trafficking, etc.) and how they do so?
Statement of the Federal Council of August 30, 2017
- In their Postulate 15.3407 “Protection of personal rights”. the interpellant asked the Federal Council to examine in a comprehensive report how existing laws could be transferred to the digital space. In it, she referred, among other things, to the areas of the protection of minors and the dissemination of “severe” pornography. In the view of the Federal Council, the present interpellation is about the same main question. It therefore refers to its statement of 1 July 2015 on this postulate. In it, it referred to its report adopted on October 9, 2013 “Legal basis for social media“who concluded that no major regulatory gaps were currently apparent. However, since an improvement in individual areas could not be ruled out through certain amendments to the law, a number of measures would be taken within the framework of various activities (revision of the Federal Act on Data Protection [FDPA; SR 235.1], “Youth and Media” program, revision of the Telecommunications Act [FMG; SR 784.10]), a possible need for legislative action with regard to social media had also been clarified or had already been clarified. The Federal Council came to the conclusion that the comprehensive clarification suggested in the postulate had already been carried out or initiated and that a further report on this was not necessary.
The following points are raised in the opinion Follow-up report “Legal Basis for Social Media: Renewed Assessment of the Current Situation”, the Federal Council on May 10, 2017 adopted. In this report, too, the Federal Council sees no need for new regulatory measures at the present time: The issues raised in the 2013 Social Media Report have largely been taken into account in the ongoing regulatory projects. In this regard, reference should be made in particular to the new legislation adopted as part of the implementation of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of October 25, 2007 (Lanzarote Convention; SR 0.311.40), which entered into force on July 1, 2014. Article 197 Criminal Code (StGB; SR 311.0; pornography). Persons up to the age of 18 are now protected from participating in sexual depictions (Article 197 (4) and (5) SCC); the scope of application has thus been expanded. The penalties in Article 197 (4) and (5) SCC have also been partially increased, and the consumption of prohibited pornography has been made punishable. Furthermore, anyone who recruits a minor to participate in a pornographic performance or who induces him or her to participate in such a performance is now punished (Article 197(3) SCC). It follows from the approach and purpose of Article 197 SCC that a large number of the injured parties are minors.In the context of the Revision of the FMG is also intended to oblige telecommunications service providers to prevent access to content prohibited under Article 197 (4) and (5) SCC in accordance with the guidelines issued by the Cybercrime Coordination Unit (KOBIK) to block lists maintained by the company. The Federal Department of the Environment, Transport, Energy and Communications (DETEC) has been commissioned to September 2017 a message on the amendment of the FMG to work out.
With regard to sexting, the Federal Council in its Comments on Interpellation 13.4266 Amherd “Need for action on sexting”. and Motion 14.3367 Amherd “Combating sexting”, which penal provisions apply in connection with sexting and why these provisions and Articles 28 et seq. of the German Civil Code (“Zivilgesetzbuch”) apply. Civil Code (ZGB; SR 210) and the FDPA offer sufficient protection. The Council of States rejected the motion as the second chamber in 2016; it is therefore closed.
In view of this situation, it is not necessary at the moment to clarify further whether the current basis of criminal law is up-to-date and effective.- The interpellant herself points out that since 2017 in the police crime statistics (PKS) the recording of an offense is mandatory for offenses that are considered possible/typical for cybercrime. This also includes offenses under Articles 187 (sexual acts with children), 197 and 198 (sexual harassment) SCC. This innovation is intended to meet the need of the authorities and the public to learn more about the extent and forms of cybercrime. In the view of the Federal Council, the evaluation of this data over a few years should be awaited before, if necessary, an elaborate comparison of cantonal jurisdiction is envisaged.