This report establishes the value of an international ‘notice and takedown’ system, through the examination of the legislative and regulatory approaches in eight countries.
The report found that there is compelling evidence that the ‘notice and takedown’ system already used in some countries is effective in removing child sexual abuse content at source, while still allowing law enforcement authorities to capture evidence for investigations aimed at prosecuting offenders and where possible, the rescue of child victims.
Some of the obstacles to establishing this system on a global scale were identified as:
Gaps in legislation concerning child sexual abuse content where the law has not kept pace with the development of technology;
Regulatory regimes in some countries which are still in the early stages of development;
The challenges posed by differing national and legal standards; and
The potential impact on complex international relationships if an international ‘notice and takedown’ system is developed;
In order to develop a comprehensive, transferable international internet ‘notice and takedown’ system, Dr Wei recommends:
Harmonising laws between countries relating to online child sexual abuse content;
Using a consistent and comprehensive international procedure for taking down child sexual abuse content;
That those countries which already operate a ‘notice and takedown’ system harmonise their practice and procedures to enable the development and use of an international system;
Developing partnerships between countries’ Hotlines and law enforcement agencies to minimise the impact of an international ‘notice and takedown’ system on law enforcement;
Managing the legal and reputational risk to the organisations that issue ‘takedown’ notices, and the risk of compromising law enforcement investigations within that country.