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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
to the images are combined, and this is sent to the North and East Netherlands Supraregional Crime
Squad (BR-NON) desk, where the cases are distributed to the relevant parties, or if immediate action is
required, it is sent immediately to the regional unit. 267 The majority of these cases are taken up and dealt
with by the regional units. 268
The <strong>National</strong> <strong>Child</strong> <strong>Pornography</strong> Database 269
The <strong>National</strong> <strong>Child</strong> <strong>Pornography</strong> Database is managed by the TBI. A new database was brought
into use in May 2011, as the old version was no longer adequate. 270 The new database serves as
a tool to provide greater efficiency in detection and to prevent any unnecessary duplication of
work. 271 Its aim is not to show the scale of the child abuse material that has been seized by the
police. The new database was supplied empty, and input will come from the regional units. Three
connections were in place in July 2011 (Rotterdam, Utrecht and Twente) from which images could
be uploaded. Images are classified as ‘child pornography’, ‘child pornography with explanation’ or
‘other’. The first classification concerns images that are undoubtedly child pornography (images
featuring pre-adolescent victims and involving penetrative sex or touching of genitals) and the
second classification involves other abusive material featuring children and constituting a criminal
offence in accordance with the Implementation Provisions concerning child pornography. 272 When
an image is uploaded from a regional unit that does not yet appear in the database, the investigator
is required to assess the images. This image is then placed in the temporary storage portal of the
database. An image is only assigned the relevant classification and included in the database when
that image has been assigned the same classification by three different investigators from three
different regional units. This ensures that a reliable database is created with material that serves the
purpose. 273 At the present time, 50,000 images have been added to the database. In the future, the
technical means will be available to include video material, as well as specific information relating
to images such as characteristics and identification of victims and suspects. 274
267 Programme of Improvements in Tackling <strong>Child</strong> <strong>Pornography</strong>, 2011.
268 <strong>National</strong> <strong>Child</strong> <strong>Pornography</strong> Project, 2008.
269 Information supplied verbally by KLPD, Images and Internet Team [Team Beeld en Internet], 11 July 2011.
270 The old database consisted of images without specific information. For example, no distinction was
made between abusive images involving children and other images. The technical capabilities of this
old database were very limited in and consequently it was not possible to link it to other relevant information
(emerging in the future). Furthermore, input from the regional units into the database was
not logical due to the fact that the images had to be delivered manually.
271 The database may contribute towards achieving clarity in relation to the ‘grey area’ between material
that constitutes a criminal offence and that which does not.
272 The distinction between ‘child pornography’ and ‘child pornography with an explanation’ is made
partly in view of potential legislative changes and international comparisons. In the future there must
be no doubt with regard to classification in the ‘child pornography’ category. A court could then convict
an individual on the basis of the fact that an image falls into this category without having to assess the
images itself.
273 The fact that an image does not yet appear in the database provides important information. It is potentially
new material involving new victims or material that has not (yet) been distributed or is longer
being distributed.
274 Some examples include new labels such as ‘virtual child pornography’, part of a series, ‘grey area’, etc.