in the last ten years, conviction rates remain very low,
indicating that effective implementation of anti-trafficking
laws is difficult to achieve, leaving children vulnerable to ICTfacilitated trafficking for sexual exploitation and abuse.283
Cyberenticement, solicitation or online
grooming
Reports of cases of cyberenticement or online grooming have
increased in recent years. The Cybercrime Study found that
almost 70 percent of countries criminalize this offence
although most of the laws pertain to general and not to cyberspecific offences.284 The Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual
Abuse, which has been ratified by 31 Council of Europecountries, in article 23 specifically requires States Parties to
enact legislation that criminalizes this conduct. As the nature
and prevalence of grooming offences becomes better known,
additional States may enact criminal laws against it.
Figure VII. Criminalization of computer-related solicitation or “grooming” of children
17%
Yes, cyberspecific offence
Yes, general offence
26%
Yes, both
No, not a criminal offence
52%
5%
Source: Study cybercrime questionnaire, Q37 (n=54).
New Zealand’s Harmful Digital
Communications Bill
The United States Children’s Internet
Protection Act (CIPA)
The legislation, now before the New Zealand parliament,
would make it an offence to send or post harmful messages—punishable by a $2,000 fine or three months’ jail
time—and create a specialized enforcement agency to
deal with cyberbullying complaints. Inciting someone to
commit suicide over the Internet would be illegal, carrying a maximum three-year jail sentence.
CIPA was enacted in 2000 to address concerns about children’s access to obscene or harmful content over the
Internet. CIPA imposes certain requirements on schools
or libraries that receive discounts for Internet access or
internal connections.
Schools and libraries subject to CIPA may not receive
such benefits unless they have in place protection measures that block or filter Internet access to pictures that are:
(a) obscene; (b) child pornography; or (c) harmful to
minors (for computers that are accessed by minors).
Before adopting this Internet safety policy, schools and
libraries must provide reasonable notice and hold at least
one public hearing or meeting to address the proposal.
283
See also UNODC, 2012. Pp 82-88; UNICEF, 2009. P. 24.
284
UNODC, 2013. P. 104.
44 STUDY ON THE EFFECTS OF NEW INFORMATION TECHNOLOGIES ON THE ABUSE AND EXPLOITATION OF CHILDREN