Each Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.
Article 14 of the United Nations Draft Convention on Cybercrime addresses offenses related to child sexual abuse material (CSAM). It mandates that State Parties criminalize the production, distribution, and possession of such material when committed intentionally and without right. The article defines CSAM as material that “depicts, describes or represents” a minor engaged in sexually explicit conduct. This broad definition includes digitally created or altered content, such as AI-generated material, even if it does not involve real children.
However, the article allows State Parties certain flexibilities. For instance, they may choose to limit the criminalization to material that depicts an existing person or visually depicts actual child sexual abuse or exploitation. This means that some forms of simulated or virtual content might not be criminalized, depending on a country’s domestic laws.
Critics have raised concerns about these provisions. Human rights organizations argue that the broad definitions could inadvertently criminalize material with evidentiary, scientific, or artistic value, potentially hindering legitimate work in these fields. Additionally, there are worries that the treaty might not adequately protect children, as it could allow for the decriminalization of certain types of simulated content.
It’s important to note that the Draft Convention is still under negotiation, and its provisions may change before final adoption. The international community continues to debate the balance between effectively combating cybercrime and protecting human rights.