C Explanatory memorandum by Mr Joseph
O’Reilly, rapporteur for opinionNote
1 Introduction
1. I welcome the report prepared
by Ms Laura Castel (Spain, UEL) (
Doc. 16422) and her strong commitment to the preparation of the
report. I particularly appreciated discussing with her the focus
in this report on “violent pornography” and her reasons for this
choice. My personal view is that all pornography may be inherently
violent and harmful, especially since the trend today seems to be
towards increasingly aggressive portrayals of sexual acts, with
increased availability of such material online and aimed not only
at adults, but also at young people and children. In my view, the
core issue is the legal approach to consent, as clearly stated in
the Istanbul Convention, and the harmful effects of pornography
in general, including addiction, distorted reality of sexual and
emotional relationships, and the glamourisation of violent sexual
behaviour. This distinction is more significant in terms of criminal
classification and the scale of penalties. I fully agree with Ms Maree
Crabbe who stated during the hearing
Note on
8 April 2025 that “aggression and violence [are] so common in mainstream
pornography that efforts to distinguish “violent pornography” from
“pornography” [are] of questionable utility.”
2. I nevertheless share Ms Castel’s conclusions that strong focus
must be given today to protecting the population, including children,
from the forms of pornography which portray violence and where there
is no consent either in the depiction of the acts nor in the making
of the material.
3. In this opinion, I would like to add a focus on the specific
protection of children from pornography in general and I would like
to thank the rapporteur for her trust in doing so.
2 Definitions:
pornography and child sexual abuse material
4. I think that words matter,
particularly on the sensitive issue of violence against children.
The definition of pornography understood “as sexually explicit material
designed to arouse the viewer” in the draft resolution, seems very
vague as based on subjective elements of intentionality and “sexual
arousal”. I propose to refer to the definition given by the expert
Ms Crabbe. Although referring to “sexual arousal” during the hearing
on 8 April 2025,
Note she
defined in an objective manner the notion in her Guidance Note on
“Safeguarding Children from the risks of accessing online pornographic
content”
Note commissioned by the Steering
Committee for the Rights of the Child (CDENF), as follows: “pornography”
or “pornographic content” is defined as “referring to any material
depicting a person engaged in sexually explicit conduct, whether
real and/or simulated, which typically includes portrayals of nudity
and/or various sexual acts”. I agree with this definition which
corresponds to more tangible elements than “sexual arousal”. It
is also important to clarify that illegal content such as child
sexual exploitation or sexual abuse material is not included in
both definitions.
5. Amendments B, C and D propose to include this clarification
in the draft resolution.
6. I also propose to include in the draft resolution the concept
of “child sexual abuse material” (acronym: CSAM) to highlight the
specific problem of children victims of what is usually called “child
pornography”. The definition of “child sexual abuse material” refers
to the material criminalised under Article 20 of the Lanzarote Convention
but uses the term “child sexual abuse material” instead of “child
pornography”, reflecting growing awareness of the inappropriateness
of using the latter term to describe material where children have
been and/or are being exploited. CSAM also includes material generated
or manipulated using artificial intelligence (AI) technology and
material where adults are depicted as children engaging in real
or simulated sexually explicit conduct. This is in line with recommendations
on the appropriate use of terminology from the Lanzarote Committee.
Note
7. This also reflects the Second Edition of the Terminology Guidelines
for the Protection of Children from Sexual Exploitation and Abuse
Note (“Luxembourg Guidelines”, 2025)
which were developed by a global Interagency Working Group including
over 40 organisations worldwide to provide updated, survivor-centred and
precise language to describe sexual exploitation and abuse of children
– helping professionals, policymakers and the media to use words
that protect rather than harm. These guidelines clarify definitions, reflect
technological and legal developments, and promote respectful, inclusive
and consistent language that strengthens child protection responses
and supports survivors. I think that outdated and inaccurate terms
like “child prostitute” or “child pornography” shift blame onto
children whilst distorting public understanding, and should thus
be avoided.
8. The purpose of amendments H and J is to include this reference
in the draft resolution.
9. In this sense, I fully support the theme chosen by the Lanzarote
Committee for the 2026 Edition of the Day for the Protection of
Children against Sexual Exploitation and Sexual Abuse (18 November):
Note “Ethical media reporting on sexual
violence against children”. I recall that the Day was created in
2015 by the Council of Europe Committee of Ministers at the initiative
of the Assembly.
Note In 2022, the United Nations recognised 18 November
as the World Day for the Prevention of and Healing from Child Sexual
Exploitation, Abuse and Violence.
Note Since then, 18 November has been
marked globally as #EndChildSexualAbuseDay. I strongly encourage
Council of Europe member States to mark this Day, including by using
tools and resources for authorities and parliaments,
Note to
underline the crucial role of the media in protecting children and
promoting public awareness.
10. Amendment K reflects this request to the member States.
3 The necessity
to safeguard children from pornography
11. As explained by Ms Crabbe in
her Guidance Note,
Note children’s exposure to
online pornographic content is increasing rapidly. The development
of digital and online technologies has had enormous impacts on their exposure:
online pornographic content can be easily, freely and anonymously
accessed through highly compact and mobile technology commonly used
by children. The most common context for seeing pornography is alone
and at home. Against this context, pornography is harming children.
Research
Note shows that
pornography is not appropriate for children, as I already mentioned
in my report on “The protection of children against online violence”
Note and
as is highlighted in Ms Castel’s report.
12. To sum up, most children are exposed to online pornographic
content, whether intentionally or unintentionally. Pornography has
become a key source of information and education about sexuality
for many children. Children’s experiences of pornography tend to
be highly gendered. Boys are more likely than girls to view pornography
and to perceive it positively. Many adolescent males view pornography
frequently. Girls and younger children are more likely than boys
and older children to feel upset by pornography. Children’s exposure
to pornography is associated with a range of harms, including an
increase in violence supportive attitudes and harmful sexual behaviours,
mostly against women and girls. The current situation – in which graphic
and often violent and degrading pornographic content is freely,
widely and easily accessible with little to no regulation to prevent
exposure to children – is not safe for children.
Note
13. Amendments A, F and G reflect this necessity to protect children
from pornographic content.
14. A draft recommendation on the protection of children against
violence through age-appropriate comprehensive sexuality education
has been prepared by the Steering Committee for the Rights of the
Child (CDENF) and will soon be submitted to the Committee of Ministers
for adoption. I commend this initiative and urge the Committee of
Ministers to adopt it quickly and ensure the highest standards for
comprehensive, mandatory, age-appropriate, medically accurate and
evidence-based sexuality education. This education should include
information on gender equality, consent, bodily autonomy, respectful
personal relationships, emotional education and the prevention of
sexual and gender-based violence. In addition, referring to the
report “Sexual violence against men and boys”,
Note I
would like to stress that children, both girls and boys, could be subject
to objectification, in particular when “used” for sexual purpose
(and hence Amendment I).
15. Amendment E highlights the importance of the Council of Europe’s
work on age-appropriate comprehensive sexuality education. Amendment
N reflects the call on the Committee of Ministers.
16. Finally, as a means of prevention in the pornographic industry,
I stress the necessity for producers of pornographic content to
carry out effective age verification to ensure that any performers
involved in production processes are over eighteen, as proposed
in amendment L.
4 Conclusion
17. Although I hope that in the
future all forms of pornography will be considered to be violent
and dangerous enough to be prohibited, I can only support Ms Castel’s
report and encourage the members of the Committee on Social Affairs,
Health and Sustainable Development and the Assembly to do the same.
This is a crucial health issue for children and the society as a
whole. The amendments I propose are inspired by a desire to complement
and strengthen the text.
