Chat Control 1.0 - JEF Malta

Statements

A JEF Malta Statement on Chat Control 1.0

9 July 2026

JEF Malta is concerned by the developments surrounding the reinstatement of Chat Control 1.0 and the implications this may have for privacy, digital rights, and democratic scrutiny within the European Union.

Following today’s vote in the European Parliament, the temporary Chat Control 1.0 framework will continue to provide a legal basis for online service providers, such as Meta, Google, Microsoft and Snap, to voluntarily detect and report child sexual abuse material (CSAM) within their services while negotiations on a permanent legislative framework continue.

Protecting children from sexual abuse and exploitation is one of the European Union’s most important responsibilities. We recognise that this temporary framework has contributed to the detection and reporting of child sexual abuse material and has supported criminal investigations. We also recognise that, with the expiry of the previous derogation, the European institutions sought to avoid a legal vacuum while negotiations on a permanent solution continue.

Furthermore, in today’s vote, a symbolic exception was decided, where the legislation does not allow providers to break end-to-end encryption (although such scanning has never occurred), and this is a step in the right direction, which we commend.

However, we remain concerned with several aspects of the proposal. First, it allows the deployment of client-side scanning technologies, which still involves scanning of everyone’s communications before encryption, and may mistakenly identify lawful private messages, images, or files as illegal (false positives).

This problem is reinforced by the European Commission’s own 2025 evaluation of the temporary framework, which concluded that the available evidence was insufficient to fully assess whether the benefits of voluntary detection measures were proportionate to their impact on the confidentiality of communications and other fundamental rights.

We are also concerned by the legislative process. The previous extension of the temporary framework did not secure parliamentary support, yet the Council sought to revive substantially the same legislation through an urgency procedure rather than the ordinary process through the LIBE Committee. While we understand the need to avoid a regulatory gap until a permanent solution is agreed, legislation affecting the fundamental rights of over 450 million Europeans should, wherever possible, be subject to full democratic scrutiny and allow Parliament adequate opportunity to debate and improve its safeguards.

In particular, we note that the European Parliament had previously proposed important safeguards, including limiting detection measures to targeted cases based on reasonable grounds for suspicion, requiring judicial authorisation, and explicitly excluding end-to-end encrypted communications from the scope of the legislation. We believe safeguards of this nature are essential to ensuring that child protection measures remain targeted, proportionate, and consistent with the European Union’s commitment to fundamental rights.

JEF Malta therefore believes that the temporary framework should remain strictly temporary. The European Union should work towards a permanent solution that effectively protects children online while preserving privacy, secure communications, democratic accountability, and the rule of law.

Europe has long been a global leader in defending fundamental rights and digital freedoms. As negotiations continue, it should continue to demonstrate that protecting children and protecting liberty are complementary objectives, not competing ones.

A Europe that protects freedom is a Europe worth protecting.