MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Switzerland – Department of Foreign Affairs in French
Federal Council
Bern, 27.09.2024 – At its meeting on 27 September 2024, the Federal Council took note of a report on the European Commission’s proposal for a regulation on preventing and combating child sexual abuse. The report highlights the possible legal consequences of the European project. In particular, the planned control of instant messaging services could violate Swiss law.
In November 2022, the Federal Council announced the preparation of a report in its opinion on the Bellaiche motion 22.4113 “Control of instant messaging. Protecting the population against continuous and unjustified widespread surveillance”. Submitted in connection with the European Commission’s proposal for a regulation establishing rules to prevent and combat child sexual abuse (CSA regulation, for child sexual abuse), this motion tasked the Federal Council in particular with protecting the inhabitants of Switzerland against the control of instant messaging provided for in the proposed European legislative project.
Consequences of the proposed European Union regulation
The report of the Federal Department of Justice and Police shows that even if this regulation of the European Union (EU) would not constitute a development of the Schengen acquis and should therefore not be adopted by Switzerland, the envisaged rules could also concern legal entities or natural persons established in Switzerland. The proposed detection order could undermine the sovereignty of our country and infringe Art. 271 of the Criminal Code (acts carried out without right for a foreign state).
The proposed regulation was withdrawn from the agenda of the EU Council and the European Parliament this summer. Discussions and differences persist between the member states, particularly on the detection order and end-to-end encryption. Hungary, which has held the presidency of the EU Council since July, has proposed a new compromise, which is currently being debated. If the proposed CSA regulation were to be adopted by the EU, the issue of sovereignty and the infringement of Swiss law would need to be clarified in depth.
The report, which the Federal Council has taken note of, also provides an overview of the measures taken by Switzerland to combat child sexual abuse.
Address for sending questions
Communication fedpol, T 41 58 463 13 10, media@fedpol.admin.ch
Author
Federal Councilhttps://www.admin.ch/gov/fr/accueil.html
Federal Department of Justice and Policehttp://www.ejpd.admin.ch
Federal Office of Policehttp://www.fedpol.admin.ch/fedpol/fr/home.html
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EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.