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Round table discussed necessary changes in legislation for online protection of minors

On December 1, the Bulgarian Safer Internet Center (SIC) co-ordinated by ARC Fund, organized a Round table: E-Childhood: Research Methodologies and Legal Framework for Online Protection of Children. More than 40 experts from public institutions, private sector, academic circles and non-governmental organisations discussed proposals for amendments in the relevant Bulgarian legislation.

Mr. Dimitar Dereliev, Deputy-Minister of Culture, opened the event saying that we live in a constantly changing world of high technologies and our children’s safety is a shared responsibility. He compared the virtual world to fire, which brings us warmth and light, but also can burn and harm if we are not careful enough. Similarly, Internet has its benefits, but it also hides many risks. This is why, the way we teach our children how to use fire so that they take advantage of its good sides while protecting themselves from getting burnt, we should also teach and guide them in learning to use the Internet. Mr. Dereliev also said that teaching online etiquette is an important task and success depends on the co-operation of all stakeholders. He concluded citing the slogan of the Safer Internet Day 2011 – “It’s more than a game, it’s your life!”

In his address Mr. Kalin Kamenov, Deputy-Chairman of the State Agency for Child Protection, emphasized his institution’s commitment to the cause of online safety for children. He also used a metaphor, saying that the online sexual exploitation of children resembles the HIV/AIDS virus in that it is omnipresent to the entire world and is just as hamful. Kamenov pinpointed that online child safety is not solely a subject of government agencies, including non-governmental organizations, parents, teachers, and the kids themselves. They all should engage and do their part, because the law as an end in itself is not enough. Of the highest necessity is the link child-parent, without which any efforts would fail. Mr. Kamenov called for all stakeholders’ opinions and a deeper evaluation of the necessary legislation amendments.

Mr. Georgi Apostolov, SIC coordinator, presented the European Commission’s proposal for a new Directive on sexual exploitation of children. He talked about the changes in national and European law that this document envisages. Mr. Apostolov also discussed how the proposed directive concerns Bulgaria and what changes are needed in the Bulgarian Penal code, the investigation process and the trial procedures.

The Safer Internet Center presented a policy brief recommending the following amendments in the criminal code and procedures:
• Formulation and adoption by the Bulgarian national legislation of a precise definition of child pornography;
• Strict application of the existing laws for online grooming, article 155a, §1, 2 and 155b of the Penal code;
• Setting of specific minimum penalties for online sexual exploitation of children and raising the current maximum penalty of 1 yr. for possession of child pornography, which is among the lowest in Europe;
• Creating a register for convicted child sex offenders and implementation of a mandatory consulting of this register by employers for positions requiring communication and/or work with children.

Мs. Milena Todorova from SIC presented a comparative analysis of the Bulgarian and international legal frames and penalties for online sexual abuse of children. According to her research, Bulgaria is among the countries, which have adopted some good laws pertaining to child sexual exploitation. Nevertheless, Bulgaria lacks a precise definition of what constitutes child pornography; the penalty for possession of child pornography is among the lowest; the existing laws for online grooming are not applied; and the country has not sighed and ratified important international documents, including the Additional Protocol to the Convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems (2003) and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007). A lively discussion followed. The attendees agreed that enhanced cooperation and coordination of efforts is needed. Multiple times the role of the parents and the insufficient awareness of many of them about the risks on the Internet was mentioned.

The presentations of the second panel of the round table looked at the methodologies for studying the online behavior of children and the youth. Mrs. Jivka Marinova and Ms. Diana Boteva, representatives for Bulgaria of the EU Kids Online project of the London School of Economics and Political Science (LSE), introduced and interpreted the study to the audience.

Next, Mr. Lyubomir Sirkov, analyst in the SIC presented a comparative analysis of Bulgarian and international evaluations of the methodologies, which provoked a discussion about the ways the used methodologies affect the results of the projects like LSE’s that investigate the online behavior of young people.

The participants in the round table included representatives the following institutions and organizations: Bulgarian Safer Internet Center, Ministry of Culture, Ministry of Interior, Ministry of Education, Ministry of Transportation, Information Technologies and Communications, National Agency for Child Protection, Association “Parents”, Center for Inclusive Education, “Animus” Foundation, International Private School “Zlatarski,” Vivacom, and others.