EU Parliament reinstates chat control amid procedural controversy

Reinstated: the transitional rules for chat control. Photo: Sebastian Kahnert/dpa

By Eric Bonse

Controversial Vote Reinstates Transitional Rules

The European Parliament has reinstated transitional rules for chat control through a controversial procedure, despite a majority of MEPs voting against the measure. The vote, held on Thursday in Strasbourg, was one of the most contentious and chaotic sessions just before the summer break.

The reinstated regulation allows online providers—including cloud, email, and messenger services—to automatically scan unencrypted private messages and files of users for suspected child pornography content. The rules are initially valid until April 2028.

Vote Results and Procedural Controversy

• 276 MEPs voted in favor of the regulation
• 286 MEPs voted against
• The regulation had only been added to the agenda on Tuesday under an expedited procedure

Despite lacking a majority, chat control can come back into force because the vote formally involved a second reading. In such cases, an absolute majority of 361 votes is required to stop a law—a "reverse" majority rule that frustrated many.

Criticism of Parliamentary Leadership

Parliament President Roberta Metsola faced sharp criticism for scheduling the vote without the usual mandate from Parliament. The conservative Maltese politician secured backing from EU member states and the conservative EPP group, but not from other political groups.

Erik Marquardt, a German Green MEP, accused Metsola of having "massively overstepped her role" and called the day a "black day for democracy, civil rights, and child protection."

Patrick Breyer, an internet activist, said: "That chat control comes against the will of the majority of voting MEPs is a farce and damages democracy."

Martin Sonneborn, a non-attached MEP, described the move as an "illegal procedural trick."

Timing and Majority Concerns

With only about 600 MEPs present due to the upcoming summer break (starting Friday), reaching a qualified majority was impossible. The EPP, however, expressed no concerns.

Manfred Weber, EPP leader, stated on X: "We must curb the 'epidemic' of child pornography." He noted that AI-generated images of sexualized violence against children are flooding the internet, with the spread of Child Sexual Abuse Material (CSAM) increasing by 1,000 percent within a year. Since 60 percent of this material is hosted in Europe, Weber argued the EU cannot remain idle.

Counterarguments

Patrick Breyer countered: "Wanting to protect children with indiscriminate mass surveillance is like desperately mopping the floor while the tap keeps running."

According to EU Commission figures, the now-replanned mass scans of private chats in 2024 would have led to only 36 percent of suspicious reports—a figure Breyer described as ineffective child protection.

Legal Context and Next Steps

Normally, indiscriminate scanning of private communications is prohibited, as it contradicts the e-Privacy Directive and EU data protection rules. However, since EU institutions could not agree on alternative techniques to protect children, internet platforms were granted an exemption to voluntarily check their customers' data.

This exemption will now come back into force. Before that, the EU Commission and member states must still give the green light, though this is considered a formality. Germany has already signaled its approval.