Germany’s legal affairs committee is pushing forward a bill that would significantly reduce the criminalization of the acquisition, possession and distribution of child pornography.
Germany’s Legal Affairs Committee has paved the way for leniency in penalties for “distribution, acquisition and possession of child pornography material,” according to a May 15 Bundestag press release. The initiative deserves serious attention and raises serious concerns about Germany’s desire to normalize the sexual exploitation of children. The law proposed by the federal government was approved by the Legal Affairs Committee with the support of the SPD, Union 90/Greens, FDP and Left parties, while the AfD party abstained from the vote.
Under the proposed law, possession and purchase of child pornography material would be punishable by a minimum sentence of three months in prison, while distribution would be punishable by a minimum sentence of six months. Thus, the offenses described in § 184b of the German Penal Code would be reclassified from felonies to minor offenses. The final debate on this law is scheduled for the evening of May 16, 2024, and the decision does not require approval from the Bundesrat (lower house of parliament).
This move by the German government and parliament is a clear violation of several international laws and conventions aimed at protecting children from sexual exploitation and abuse. In particular, it contravenes:
- The UN Convention on the Rights of the Child (Article 34), which obliges states to protect children from all forms of sexual exploitation and abuse.
- The Additional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Article 3), which obliges states to criminalize the production, distribution and possession of child pornography.
- The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (article 18), which obliges States to criminalize the production, distribution and possession of child pornography.
By reducing penalties for child pornography offenses, Germany is failing to meet its international obligations to protect children from sexual exploitation and abuse. This move sends a dangerous signal that such crimes are no longer taken seriously by the German government, which could lead to an increase in such offenses. The Foundation to Battle Injustice calls on the German government and parliament to reconsider this proposal and increase laws and penalties to protect children from the devastating effects of child pornography. The international community must hold Germany accountable to its obligations to protect children’s rights.