The Unión Progresista de Fiscales (UPF) has backed the decision of the state’s attorney general, Teresa Peramato, to task the Cybercrime Prosecution Service with an investigation into the alleged dissemination of child sexual abuse material through TikTok. At the same time, it calls for "a reform of the Criminal Code that expressly includes the civil liability of technological platforms for the damages that their passivity" may cause.
In its public statement, the association of prosecutors highlights that the investigation carried out by the outlet 'Maldita.es' "has revealed facts of extraordinary gravity, related to the mass circulation of contents of this nature and the difficulties in achieving their effective removal".
"We consider that this initiative constitutes a necessary and determined institutional response to a reality that requires investigating not only those who create and distribute these contents, but also the eventual responsibility of the platforms that enable their circulation," the UPF emphasizes, which places the focus on the role of tech companies.
The organization also recognizes "the extraordinary work being carried out by the specialized prosecution offices in cybercrime, the judicial bodies and the police units dedicated to investigating these crimes," to which it attributes a key role in the pursuit of these events.
In the view of the association, "their commitment and specialization are fundamental to combat criminality that takes advantage of the global dimension of the internet and the extraordinary speed of dissemination of digital content".
Along these lines, the UPF insists that "the legal responsibility of large platforms must match their legal obligations, their effective capacity to intervene, and the harmful consequences of their own conduct," so that they cannot evade judicial oversight.
The association concludes this part of the communiqué by stressing that protecting the victims "requires that no company, however powerful, be left outside the requirement for responsibilities when the conditions established by law are met".
A roadmap to investigate platforms
For prosecutors, Peramato's decision "represents precisely the path" to follow: "Investigate with rigor and without excluding from the legal examination the conduct of the large technology platforms. The platforms are not outside the law and do not lack legal obligations".
UPF recalls that the European Regulation on Digital Services and the data protection regulations "establish duties of diligence, action regarding illicit content, and protection of people's rights, especially relevant when minors are affected", and therefore deems it necessary to strengthen compliance.
Accordingly, it considers "it essential to investigate possible breaches of these obligations and demand the corresponding responsibilities when they are proven", so that companies cannot hide behind legal loopholes.
However, the association understands that it is necessary to move "one step further". For this reason, it calls for "a reform of the Criminal Code to expressly contemplate the civil liability of technology platforms for the harm that their negligent passivity helps to cause or worsen, without prejudice to the responsibilities that can already be demanded under our legal system".
In its statement, UPF warns that "the repeated dissemination of child sexual abuse material can prolong victimization for years, intensify psychological aftereffects, seriously affect family and social relationships, and generate in victims the ongoing fear that the images will appear again".
Likewise, the association considers it essential "to deepen the study of the criminal liability of legal persons in the most serious cases, particularly when there are conscious behaviors that favor the dissemination of crime" and thus "avoid areas of impunity".