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media may convey stories about commercial sexual exploitation of children in compassionateand ethical ways, increasing public understanding and involvement. Alternatively, themedia can perpetuate exploitation through the inappropriate portrayal of children andchild abuse, and may play a highly influential role in providing youth with distortedimpressions of sex and sexuality, rendering them more vulnerable to exploitation. Althoughmany problem areas still remain, some successes have occurred, reinforcing the capacityof media industries to play leading roles in private sector projects aimed at eliminatingCSEC. Efforts include CSEC awareness campaigns conducted with major advertisers,codes of conduct from umbrella organisations, public compliance with intergovernmentalprotocols, and sex education campaigns which reach beyond the classroom through comicbooks, magazines and music aimed at youth.In the past decade, the Internet has enjoyed an explosion of development, offering newand increasingly harmful methods for the violation of children’s rights, such as commercialsexual exploitation, harassment and intimidation (including cyber-bullying), exposure toinappropriate and dangerous materials, and socialisation to violence. Because offendersneed Internet service providers (ISPs) to access the Internet, ISPs are well positioned toassist in the fight against CSEC – but contend that the vast amounts of material passingthrough their networks render it almost impossible to monitor. Despite the challenges,there have been some positive steps towards protecting children online. The G8 countrieshave cooperated through initiatives such as the Virtual Global Summits and variousInterpol activities that include 187 member countries. Several computerised databaseswhich can be used by investigators, containing child abuse images and images of thoseinvolved in the abuse, have been developed with the assistance of private sector softwaremanufacturers. The Internet, however, is evolving faster than it can be regulated or itseffects on CSEC understood. For example, new online multiplayer interactive games drawin millions of people, notably in North and Southeast Asia. Social impact assessmentsfrom a child protection perspective appear not to be available.Despite the financial sub-sector’s longstanding association with CSEC activities, the vastmajority of financial institutions have been relatively silent on their efforts to cease theuse of their products in the course of CSEC activities. One positive development hasbeen the Financial Coalition against Child Pornography (FCACP) in the US representingnearly 90 per cent of the US payments industry, its goal is to eradicate the profitabilityof commercial child pornography by following the flow of funds and shutting down thepayments accounts that are being used by these illegal enterprises. Since the launch ofFCACP, the purchase price for images of sexually exploited children has risen dramatically– an indication that FCACP efforts may be affecting the profitability of these sites.However, companies that receive a percentage of each merchant transaction retain profits2|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
from the sale of child pornography even after the rogue merchant or criminal consumer iscaught. This has yet to be publicly addressed by the Coalition or its members.Given the pervasiveness of the private sector, its involvement in CSEC is unavoidable.Different sectors, however, have made varied attempts to combat CSEC. Most industryassociations in the travel and tourism industry have adopted standards agreements, whilethe financial sector has only begun to acknowledge that a problem exists. A variety of effortsare needed to advance the protection of children. Government and industry cooperation,such as partnerships between software companies and law enforcement agencies to createdatabases to track CSEC offenders, has been effective. Efforts to fight CSEC have recentlyfocused on the use of international “hard” law – a tactic which has developed out of criticismof the voluntary and self-monitoring nature of international global standards. Privatecorporations have partnered with non-governmental organisations (NGOs) to produceawareness-raising ad campaigns. A combination of all voluntary and involuntary corporateefforts, government-industry partnerships, and education and training programmes areneeded to protect children globally and work with the private sector as it continues todevelop its prominent place within our society.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|3
Page 5 and 6: PRIVATE SECTOR ACCOUNTABILITYIN COM
Page 7 and 8: 3. Travel and Tourism Sub-Sector 63
Page 9: Executive SummarySince the First an
Page 13 and 14: 1.1 Defining Commercial Sexual Expl
Page 15 and 16: The issue of commercial sexual expl
Page 17 and 18: 1.2.1 Transnational and multination
Page 19 and 20: offer stronger protections against,
Page 21 and 22: 1.3 Defining Corporate Social Respo
Page 23 and 24: Parliament passed a law requiring a
Page 25 and 26: 2. International Standards and the
Page 27 and 28: In terms of international law, the
Page 29 and 30: alia: establish the grounds for cri
Page 31 and 32: The ILO Convention No. 138, Concern
Page 33 and 34: 2.4 Existing Legal Mechanisms to En
Page 35 and 36: 2.4.2 Existing mechanisms for regul
Page 37 and 38: Governments play an auxiliary role
Page 39: lack of ) monitoring and enforcemen
Page 42 and 43: who follow relevant international l
Page 44 and 45: the Commentary references the rule
Page 46 and 47: 2.4.2.1.2.1 Tripartite DeclarationT
Page 48 and 49: Unlike the preceding sections, whic
Page 50 and 51: A major criticism of the Tripartite
Page 52 and 53: MNEs are asked to respect worker’
Page 54 and 55: Guidelines voluntary, but non-OECD
Page 56 and 57: An alternative to the above is to r
Page 58 and 59: freedom from state interference in
Page 60 and 61:
During the Nuremburg Tribunals, Ger
Page 62 and 63:
ATCA expanded liability for interna
Page 64 and 65:
Pursuant to the holding in Kadic re
Page 66 and 67:
The Court could establish jurisdict
Page 68 and 69:
likely come across similar obstacle
Page 70 and 71:
ecognised by customary internationa
Page 72 and 73:
The report draws together a number
Page 74 and 75:
means of fostering international pe
Page 76 and 77:
a resolution, as well, in which it
Page 78 and 79:
The Swedish document was originally
Page 80 and 81:
services are designed to combat chi
Page 82 and 83:
into contact with individuals who c
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children’s perception of the worl
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advertisement. The European adverti
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high-profile case in the US where a
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child actors have gone on in adulth
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5. New Technologies Sub-Sector5.1 C
Page 94 and 95:
North American cases illustrate how
Page 96 and 97:
With the advent of the social netwo
Page 98 and 99:
up to $US 500 if they violate the c
Page 100 and 101:
As the genre is so new, there have
Page 102 and 103:
- children’s rights advocates, go
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law enforcement agencies, but equal
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6. Financial Sub-SectorIt has been
Page 108 and 109:
law enforcement is having trouble u
Page 110 and 111:
encourage cooperation and follow-up
Page 112 and 113:
emedies against all corporations op
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Another important objective of the
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Endnotes1 Mark Erik Hecht is an aca
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35Canada. Industry Canada. Corporat
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84On 31 Jan. 1999, UN Secretary-Gen
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110Norms, D.111Norms, point 5. (Rea
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143Ibid., “General Policies.” P
Page 126 and 127:
179Ibid., Annex, III: Global Report
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of the Guidelines).212Ibid., Part I
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258Ibid.259UNWTO Report to the UN G
Page 132 and 133:
310Ibid., 12.311Council of Europe,
Page 134 and 135:
Germany and South Africa, ISPs are
Page 137:
The World Congress III against Sexu
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