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Session 2: ONLINE ABUSE

1. Online child sexual


exploitation and abuse
(OCSEA)
What is it and what are the different manifestations
and current trends?
Online child sexual exploitation and abuse
(OCSEA)
Sexual abuse and exploitation that is
facilitated by technology.
- Partly
Or
-Entirely
INTERNATIONAL
LEGAL
FRAMEWORK
ON OCSEA

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International legal Instruments on OCSEA
that contain provisions regarding one or more of the manifestations of online child
sexual exploitation and abuse

The Optional Protocol The Council of Europe The Council of Europe The African Union
to the Convention Convention Convention Convention
on the Rights of the
Child on the on on

on the Protection of Children Cybercrime; Cyber Security and


against Sexual Personal Data
sale of children, child Exploitation and Budapest Protection.
prostitution and Sexual Abuse
child pornography
convention Malabo
Lanzarote convention
OPSC convention
The Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child Pornography
(OPSC)

Purpose:
It’s a stand- To help stem the
growing abuse and Ethiopia has
alone treaty that
exploitation of ratified this
complements the
children worldwide. convention
UNCRC
Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse (The Lanzarote Convention)

Its objectives are:

• to prevent and combat


sexual exploitation and Most complete
Provides definition of sexual abuse of children legally binding
child pornography as international
OPSC • to protect the rights of instrument on child
child victims sexual exploitation;

• to promote national and


international co-operation
The Council of It addresses Internet and It provides clear
Europe computer crime including provisions for data
Convention on child pornography' as a gathering online;
cybercrime issue
Cybercrime

Also known as the 'Budapest This includes procedures


Convention', It sets out procedural law for intercepting and
for the purpose of seizing data during
investigation; investigation
The African Union (AU) Convention on Cyber Security and
Personal Data Protection

Goals
1. To establish in each State Party a mechanism capable of combating violations
of privacy

2. To address the need for harmonized legislation in the area of cyber security
including criminal procedural law

The definition covers digitally generated child sexual abuse material;


MANIFESTATIONS
OF
OCSEA

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1. Child sexual abuse material (CSAM)
Forms
of
Online Child 2. Online grooming of children for sexual
Sexual purposes
Exploitation
and 3. Sexual extortion
Abuse
(OCSEA): 4. Livestreaming of child sexual abuse

5. Self-generated sexual material.


1. CHILD
SEXUAL ABUSE
MATERIALS

(CSAM)
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Why?
“Pornography is used to describe
material depicting adults engaged in
CSAM is the term consensual sexual acts
used in child
Using this term in the context of
protection instead
children risks:
of ‘child - normalizing,
pornography’ - trivializing and
- even legitimizing

the sexual abuse and exploitation of


children.
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What are child sexual abuse
materials
(CSAM)

This refers to materials (e.g., photographs,


films, videos, pictures) depicting acts of
sexual abuse and/or focusing on the
genitalia(private parts) of the child
- No real children involved
'Computer
generated
- Instead, it depicts images of children
child artificially generated using digital tools
sexual
abuse
- Harmful even if no real children involved
material
Definition of CSAM/
child pornography
in international law

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Definition of “any representation, by
'child whatever means, of a child
pornography' engaged in real or
The Optional Protocol to the
Convention on the Rights of the
simulated explicit sexual
Child on the Sale of Children,
Child Prostitution and Child
activities or any
Pornography (OPSC)

Article 2 (c):
representation of the sexual
parts of a child for
primarily sexual purposes”
“any material that visually
Definition of
'child depicts a child engaged in
pornography' real or simulated sexually
The Council of Europe
Convention on the Protection of
explicit conduct or any
Children against Sexual
Exploitation and Sexual Abuse
depiction of a child’s
(the Lanzarote Convention: Article. sexual organs for primarily
20 (2))
sexual purposes”
Material that visually depicts:
Definition of
'child 1. a minor engaged in sexually explicit
pornography' conduct ;
The Council of Europe
Convention

on Cybercrime (Article 9 (2)):


2. a person appearing to be a minor
engaged in sexually explicit conduct ;

3. realistic images representing a minor


engaged in sexually explicit conduct
"any visual depiction, of sexually explicit
conduct, where:
Definition of
'child (a) the production of such visual depiction
pornography’ involves a minor;
(b) such depiction involves a minor engaging
The African Union (AU)
in sexually explicit conduct or when images of
Convention their sexual organs are produced or used for
on Cyber Security and Personal primarily sexual purposes and exploited with
Data Protection or without the child's knowledge;
(c) such visual depiction has been created,
adapted, or modified to appear that a minor is
engaging in sexually explicit conduct."
CSAM related offenses

Producing CSAM; Distributing, disseminating or


Obtaining access or procuring; transmitting;

(Mere) possessing; Registering;

Offering or making available; Selling.

Importing or exporting;
Criminalization of
CSAM in
international law

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• a. producing child pornography for the purpose
of its distribution through a computer system;

Article 9 –Budapest
convention • b. offering or making available child
pornography through a computer system;

Offences related to child


pornography • c. distributing or transmitting child
pornography through a computer system;

• d. procuring child pornography through a


computer system for oneself or for another
person;

• e. possessing child pornography in a computer


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system or on a computer-data storage medium.


• (a) Producing, registering, offering, manufacturing,
making available, disseminating and transmiting
Article 29 (3) (1) –Malabo child pornography;
convention

Offences related to child • (b) Procuring for oneself or for another person,

pornography importing or have imported, and exporting or have


exported child pornography;

• (c) Possessing an image or representation of child


pornography in a computer system or on a
computer data storage medium;

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CSAM Offenders
and how they
operate

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Who are the people •The abuser is most often a

that produce videos person known to the child, such


as a family member, neighbour
or take sexualized
or childcare professional.
photos of children?
Offenders who produce CSAM are
mostly in the child’s circle of trust.

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Offenders are primarily motivated by their sexual
interest in children or by financial gain;

They operate alone or as part of a network;


Offenders and
Modus Operandi
They use different devices, software and/or the
Internet to produce, access or share materials;

They sometimes apply encryption methods and may


also use more hidden online platforms to conceal
their conduct and avoid being detected ;
1

CSAM is sometimes used by offenders to groom or


manipulate children into engaging in sexual activities.
CSAM is distributed via email, text message,
instant messaging, chat rooms, peer-to-peer file
sharing networks social media platforms, and
unencrypted and encrypted communication
apps (e.g., Skype, Telegram and WhatsApp)
Global trends -
CSAM CSAM is traded on password-protected sites,
bulletin boards, and forums.

CSAM can be found on the visible web but


also on the Darknet (more extreme forms)
• More than 60% of unidentified victims were
Victims of CSAM prepubescent, including infants and toddlers.
• The younger the victim, the more severe the
INTERPOL and ECPAT
International published a joint report in abuse.
February 2018
• 84% of images contained explicit sexual
“Towards a Global Indicator on Unidentified Victims in Child
Sexual Exploitation Material.”
activity.
• 65% of unidentified victims were girls.
Examined CSAM videos, pictures reported
to INTERPOL ICSE data base. • Severe abuse images were likely to feature
boys.
• 92% of visible offenders were male.
2. Online grooming
of children for
sexual purposes

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It involves establishment of a relationship with a child using
2. Online grooming the digital technologies.
of children for sexual
purposes
Main purpose:
-To facilitate sexual contact.
-Either online or offline

Platforms used: Social networking websites; instant messaging


apps; photo-sharing apps (Instagram); Chat rooms; Online gaming
sites
Online grooming
offenders and
how they operate

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• Offenders are primarily motivated by their sexual
interest in children or by financial gain;

Offenders and
• They operate alone or as part of a network;
Modus Operandi
• Offenders target victims by assessing their
vulnerability (e.g., self-confidence, parental
control) or by targeting children randomly;

• Contact with a child is generally initiated online


(e.g. in chatrooms, gaming sites or social media
platforms), but offline grooming also occurs;
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• Grooming usually involves establishing an
Offenders and emotional connection with a child to gain
the child’s trust (also called long term
Modus Operandi grooming);

• Offenders can also focus on quickly gaining


leverage over a victim rather than first
establishing a trusting relationship;

• Groomers sometimes also groom others


such as the child’s peers, family and
community-at-large;
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• Grooming behaviours include filling the needs
Offenders and of a child by giving e.g. attention and gifts,
psychological coercion, manipulation, ‘sexually
Modus Operandi educating’ and desensitising a child;

• Groomers progressively sexualise the


relationship with the child (either quickly or
slowly);

• Groomers commonly use isolation, secrecy


and blame to sustain the child’s participation
and silence.
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Criminalization of
online grooming in
international law

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Article 23 SOLICITATION OF CHILDREN
The Council of Europe
Convention on
An adult intentionally proposing through ICT to
the Protection of Children meet a child for engaging in sexual activities
against Sexual Exploitation with the child or producing child pornography,
and Sexual Abuse followed by material acts leading to such a
meeting.
What it criminalizes

Article 22 CORRUPTION OF CHILDREN


Causing a child to witness sexual abuse or
sexual activities.
Article 29 (3) (1) (d)
The African Union Facilitating or providing access to images,
(AU) Convention documents, sound or representation of a
on Cyber Security and pornographic nature to a minor..
Personal
Data Protection
What it criminalizes
The above captures aspects of online grooming
and sexual extortion;
3. Live streaming
of child sexual
abuse

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What is it?

01 02 03
Live streaming of The sexual activity Often, the persons
child sexual abuse is, at the same time, watching remotely
involves coercion of transmitted live or are the persons who
a child to participate ‘streamed’ over the have requested the
in sexual activities, Internet and sexual abuse
alone or with other watched by others
persons. remotely.
Live streaming
offenders and
how they operate

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Who are the •In live streaming there is the person who is
watching the child being abused, and the
offenders in live facilitator, who arranges the abuse.
streaming?
•Families or community members can be
facilitators –both men and women.

E.g. For example, a US investigation revealed that a Romanian


woman was sexually abusing her one-year-old daughter and
three-year-old son via Skype for payment (Europol, 2018, p. 35).

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Offenders watching live sexual abuse of

Offenders children via e.g., webcam may gain access


through intermediaries or facilitators;

and Modus
Facilitators are sometimes the child’s family
Operandi or community members who force the child
to perform in front of a webcam;

The offender and the facilitator or child agree


on a time and date when the abuse will take
place and the offender will log on;
Additionally, the parties involved will agree on a
price the offender will pay, usually through
Offenders common legitimate payment services;

and Modus Live streaming occurs on online chat rooms,


Operandi social media platforms, and communication
apps (with video chat features) ;

Viewers can be passive or active. Active


viewers communicate with the child, the sexual
abuser, or facilitator requesting specific physical
acts or sexual acts to be performed on and/or
performed by the child.
A singer, known as Ian Watkins, was
convicted for child sexual abuse, among
other charges, for encouraging a mother to
sexually abuse her child via Skype sessions
Example of
a case
( The Queen vs. Ian Watkins and others,
2013).
Identified drivers of live streaming child sexual
Drivers of live abuse include:

streaming • high levels of poverty,


• unemployment, and
• job instability

Children are forced to perform the sexual acts to


get money to support family.

Some children from affluent backgrounds also do


live streaming in their own bedrooms alone.
Criminalization of
live streaming in
international law

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Live streaming of child Some articles in Lanzarote
sexual abuse is not convention could however be
explicitly criminalized in interpreted to capture acts related to
any of the relevant regional live streaming child sexual abuse by
or international legal both offenders and facilitators
frameworks on sexual
exploitation of children

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The Council of Europe Article 21(1)(a-b) It criminalizes the
Convention on act of causing and coercing children to engage
the Protection of in ‘child pornographic performances’ as well as
Children against Sexual knowingly attending ‘child pornographic
Exploitation and Sexual
performances’
Abuse
Lanzarote Convention

Article 24 criminalizes the act of aiding or


abetting these actions. (This could be applied
to people facilitating or encouraging the
offense.)
Challenge in • While copies can be made by the
facilitators or viewers of live
obtaining evidence streaming child sexual abuse,
of live streaming often such copies are not
available, making the
identification of victims and
offenders and the prosecution of
viewers, sexual abusers and
facilitators difficult

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4. Self generated
sexual material

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It is 'self-
Self generated production of It is a frequent
sexual images’, practice among
sexual material: What (nude or nearly young persons
is it? nude images)

Is often a
consensual activity
Children themselves generally record
and share images at their own
initiative or at the request of
Why and How
another person; do Children
Images can be recorded with
Engage in
different devices. Often cell phones
are used to produce content that is
‘Self
shared via text, chat or social media Generated
platforms online;
Sexual
Content is shared with a boyfriend
Material’?
or girlfriend, other peers or people
they are communicating with;
Childrens’ motivation can vary,
including, gratification in a sexual
relationship, experimenting, Why and How
soliciting compliments or attention
peer pressure; do Children
Engage in
Children often do not understand
the potential consequences of their ‘Self
behavior and do not take measures
to hide identifying information;
Generated
Sexual
Sexting makes children vulnerable
Material’?
to becoming victims of sexual
extortion, and cyber)bullying.
Child is
coerced

Self generated
sexual material Material is
shared against
is considered child's wishes.
harmful when:
Non-sexual
material
is misused
Criminalization of
‘Self Generated
Sexual Material’ in
international law

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However,
• The person recording and/or
sending sexually explicit messages
‘Self Generated Sexual
of a child, could be charged with
Material’ is not production and distribution of child
criminalized in any of sexual abuse/exploitation material.
the relevant regional or
international legal
instrument on sexual • In addition, the person receiving

exploitation of children. the material could be charged with


possession of or accessing child
sexual abuse material.

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Important • In dealing with cases
related to self generated
material, it is crucial to
not blame children for
self-generation of content
that may have put them in
an abusive situation

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5. Sexual
extortion

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Sexual extortion
What is it?
Sexual extortion involves a process
whereby children or young people are
blackmailed using self generated sexual
images into continuing to produce sexual
material and/or told to perform
distressing sexual acts.
Sextortion
offenders and
how they operate

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Offenders and • The sexual component could involve a

Modus Operandi perpetrator’s demand for any form


of unwanted sexual activity, such as
exposing private body parts, posing for
sexual photographs, meeting
physically etc.;

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• The psychological coercion generally
Offenders and manifests with threat of undesirable
Modus Operandi consequences if demands are not met;

• The threat of dissemination of compromising


images online or to peers can in turn result in
other negative consequences like
(cyber)bullying which further victimizes the
child.

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Criminalization of
‘Sexual Extortion’
in international law

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‘Sexual Extortion’ is not Some articles in Lanzarote and
criminalized in any of Budapest conventions contain
the relevant regional or language that might capture
international legal elements of sexual extortion
instrument on sexual
exploitation of children.

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The Council of Europe Article 21(1)(a-b) It criminalizes the act of
Convention on causing and coercing children to engage in
the Protection of ‘child pornographic performances’ as well as
Children against Sexual knowingly attending ‘child pornographic
Exploitation and Sexual performances’
Abuse
Lanzarote Convention
Article 23 criminalizes the act of soliciting
children to produce ‘child pornography’.
1. Lanzarote Convention In addition, the conventions that
do criminalize the production,
2. Budapest convention
procuring, distribution or
3. OPSC offering of child sexual abuse
material contain language that
4. Malabo convention
might capture elements of sexual
extortion.
National laws versus international
standards
Ethiopia Kenya Mozambique Namibia South Africa Tanzania Uganda

Definition of Partly in line Partly in line Partly in line Not in line Fully in line Partly in line Partly in line
CSAM in line
with
international
standards

Explicit Partly in line Not in line Not in line Not in line Fully in line Not in line Not in line
criminalization
Online
grooming

Explicit Not Not Not Not Not Not Not


criminalizatio criminalized criminalized criminalized criminalized criminalized criminalized criminalized
n live
streaming
HAVE YOU
COME ACROSS
Question? ANY OCSEA
CASES IN
ETHIOPIA?
Impact of
online abuse
Impact of Re- victimisation due to repeated
online child sharing “often preventing closure
sexual
exploitation
and abuse. Self-blame by the children themselves
and blame by others
CYBER
BULLYING

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Cyberbullying

What is cyberbullying?
Cyberbullying is bullying with the use of
digital technologies.

Cyberbullying
It can take place on social media,
messaging platforms, gaming platforms
and cell phones.

It is repeated behaviour, aimed at


scaring, angering or shaming those who
are targeted.
Examples of
cyberbullying

•Spreading malicious and abusive rumours and


gossiping

•Emailing or texting with threatening or


intimidating remarks

•Stalking a child on-line and continually harassing


them
Effects of cyberbullying .

Mental Emotional Physical


consequences consequences consequences

In extreme cases,
cyberbullying
can even lead to
suicide
Currently in Ethiopia, children in rural
areas are not widely connected.

Reflection
In your opinion, is there any need to talk
about online safety and why?
Why its important to talk
about online safety now

Internet is bound to increase

More children will get access so its better


to create awareness now

Policy decisions can also be taken now to


prevent and prepare for response.

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