Tougher penalties – child protection package unanimously approved

Producing and distributing relevant material can result in a prison sentence of up to ten years. In addition, the ban on activities was extended.

When it comes to the level of punishment, a distinction is made between possession or knowingly accessing the Internet versus the production and distribution of such material. The latter now carries a prison sentence of up to ten years. In the case of possession of “many” images or images of minors, a penalty of up to three years is envisaged, or in cases where it also or exclusively involves many images or images of a minor, up to five years.

Ban on activities extended
In addition, the ban on activities in areas with children will be extended. The previous requirement of the activity or the intention to perform the activity at the time of the crime no longer applies.

Justice Minister Alma Zadić (Greens) thanked the “constructive discussion in the committee” and the unanimous decision on this “very emotional issue”. This sent a “strong signal for the protection of children”. Not only has the trivializing term ‘child pornography’ been changed to ‘depiction of child abuse’, but the criminal framework and the existing loophole in the ban on activities have also been closed.

“When it comes to the abuse of children, we should not show any tolerance on the whole,” says State Secretary for Youth Claudia Plakolm (ÖVP).

SPÖ: “Every completed deed is one too many”
“It concerns the weakest in our society,” emphasized Selma Yildirim, spokeswoman for Red Justice. Behind every image or video is ‘real abuse, a heinous crime’. Yildirim does not want to distinguish between those who perpetrate the abuse and those who promote it by consuming such images.

“Every completed deed is one too many.” The SPÖ MP also called for mandatory child protection concepts for clubs and sensitization of judges, police officers and teachers, among other things.

FPÖ and NEOS speak of the first step
For FP justice spokesman Harald Stefan, the package represents a “first step”, and that is why the Freedom Party also agrees. However, further steps were lacking, such as a lifetime ban on activities, extension of the civil limitation period or a ban on child sex dolls.

The NEOS are also generally happy with the changes, but see them as only a “first step”. Pink MP Yannick Shetty reminded the Justice Minister that the opposition parties had also made good suggestions.

Also unanimously adopted in the evening was an amendment to the School Education Act, which prescribes a child protection concept in schools to protect students from physical, psychological and sexual violence. The plan includes drawing up a code of conduct, conducting a risk analysis, assembling a child protection team and defining how to act in the event of potential threats.