appropriate and effective counter-policies, States Parties are
required to criminalize conduct related to the sexual abuse
and exploitation of children as specified in articles 18 to 23 by
either natural or legal persons as well as the attempt to commit and complicity or participation in such conduct
(article 24).255 Specifically with regard to ICT-facilitated child
sexual abuse and exploitation, article 20 (1) (f) obliges States
Parties to criminalize knowingly obtaining access to, through
information and communication technologies, child porno
graphy and the intentional proposal, through information
and communication technologies, of an adult to meet a child
who has not reached the legal age for sexual activities under
national law for the purpose of intentionally engaging in sexual activities with such a child (article 18 (1) (a)), or intentionally and unrightfully producing child pornography
(article 20 (1) (a)), against him or her, where this proposal
has been followed by material acts leading to such a meeting.
Although the provisions on the interdiction of child porno
graphy also pertain to simulated, (such as digitally or virtually
created) material (article 20 (2)), the Convention allows
States Parties to refrain from criminalizing material consisting
exclusively of simulated representations or realistic images of
a non-existent child (article 20 (3)).
African Charter on the Rights and Welfare of
the Child
Article 27 of the African Charter on the Rights and Welfare of
the Child requires States Parties to undertake to protect children from all forms of sexual exploitation and sexual abuse,
and, in particular, to take measures to prevent the inducement, coercion or encouragement of a child to engage in any
sexual activity, the use of children in prostitution or other
sexual practices and the use of children in pornographic activities, performances and materials. Article 15 calls for the protection of children from all forms of economic exploitation
and from performing “any work that is likely to be hazardous
or to interfere with the child's physical, mental, spiritual,
moral, or social development” and commits States Parties to
“take all appropriate legislative and administrative measures
to ensure the full implementation of this Article which covers
both the formal and informal sectors of employment and having regard to the relevant provisions of the International
Labour Organization’s instruments relating to children”.
Furthermore, article 16 obliges States Parties to “take specific
legislative, administrative, social and educational measures to
255
See also E/CN.15/2011/2.
protect the child from all forms of torture, inhuman or
degrading treatment and especially physical or mental injury
or abuse, neglect or maltreatment including sexual abuse,
while in the care of the child”.
National laws and policies
As noted in the Cybercrime Study, although 80 per cent of
countries in Europe report sufficient criminalization of cybercrime acts, in other regions of the world, up to 60 per cent of
countries report that criminalization of cybercrime acts is
insufficient.256
States vary considerably in their approach to addressing
the various forms of child abuse and exploitation. While
many States criminalize acts such as production of child sexual abuse material, they may differ on the concrete elements
of the crime and the definitions of “child”. While children are
the victims in all of these crimes, child sexual abuse material
and child sexual exploitation crimes deal first and foremost
with contact sexual abuse of children in which the ICT component can be seen as re-victimization and/or evidence of an
ongoing crime. While child sexual abuse material laws may
contain ICT-specific components, laws against child sexual
exploitation and trafficking in children typically do not, with
the result that these crimes may be dealt with by the application of more general criminal offences.257
Acts such as cybergrooming, -solicitation, -stalking, -harassment, -bullying and exposure to harmful content have
been dealt with both by enacting new offences, as well as
through the application of existing offences. Indeed, information contained in the Cybercrime Study indicates that
computer-related acts causing personal harm, as well as
computer-related solicitation or grooming, are more often
criminalized using general offences than cyberspecific ones.258
Some issues—in particular such as cyberbullying—have also
been addressed through non-legislative approaches, such as
awareness-raising initiatives to educate on online risks or
parental controls to limit children’s usage of certain devices,
track devices’ location or activity or control access to certain
material.259 According to an OECD report on the Protection
UNODC, 2013. Chapter 4.
See also OECD, 2012. 32-34, 39-44; UNODC, 2013.
Pp. 100-106.
258
See UNODC, 2013. Pp. 100-106.
259
Ibid.
256
257
III.
Combating the problem 39