End of chat control: Brussels speeds up efforts for permanent solution

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Following the rejection of the “voluntary chat control” on Thursday in the EU Parliament, proponents are calling for an alternative. While eyes in Brussels are now turning to the stalled negotiations on a permanent legal basis, the German Chancellor is bringing a solution to the national level into play.

“Voluntary chat control” refers to the practice of companies like Meta or Google automatically checking communication flowing through their platforms for depictions of child abuse. However, because the practice violates EU data protection rules, there are temporary exceptions. After the EU Parliament definitively rejected a further extension on Thursday, the current exception expires on April 3rd.

End after Easter

This means that social networks and messengers will no longer be allowed to automatically search for depictions of abuse on their platforms from the Easter weekend onwards, as they would otherwise violate current EU law. The companies had also advocated for a further extension to continue the search.

All parties involved fundamentally agree that the investigation of child pornography on platforms must be possible. What is controversial is how far the powers of companies and state authorities may extend. The EU Commission was in favor of making the far-reaching exception permanent or at least extending it.

The Parliament, on the other hand, insists on clear legal boundaries to protect civil rights. “For years, the private messages of innocent citizens have been scanned under the pretext of child protection, without delivering adequate results,” said Czech MEP Markéta Gregorová (Pirates) on Thursday. “It is time to put an end to this ineffective and disproportionate exception to data protection regulations.”

“Close the legal loophole”

The EU Commission regretted the Parliament's decision. “We have repeatedly emphasized how important we believe it is to maintain the current level of protection,” said a spokesperson. “We are now facing a legal loophole and must look for alternative solutions.”

This shifts the focus to the stalled negotiations on a fundamental solution. Proponents now want to speed things up here. “We hope to reach an agreement with Parliament as quickly as possible to limit the negative consequences arising from the legal loophole,” said a spokesperson for the Cypriot Council Presidency.

The Commission could not immediately say how things would proceed when asked. However, it is now also counting on a breakthrough in negotiations on a legal regulation. “The Commission urges the legislators involved to urgently reach an agreement on a long-term solution,” said the spokesperson.

Merz: “Serious setback”

Meanwhile, Chancellor Friedrich Merz (CDU), who is among the proponents of a further exception, is bringing a German solution into play. The Parliament's decision is “a serious setback for the protection of our children,” said the CDU leader in Berlin. Efforts will be made to find a solution at the national level. The Chancellor did not say what this might look like.

The EU Commission had originally proposed in 2022 to make the checks mandatory. This failed in Parliament and in the Council due to the resistance of the German federal government. The exception for platforms has been in place since 2021, and it was extended once before. This expires at Easter – after the rejection of the extension, there is no longer any prospect of a last-minute agreement.

(vbr)