A/HRC/52/61 empowered to support and guide online services and platforms in meeting their obligations in this regard. 76. When it comes to identifying and addressing illegal material or content involving online violence against children, businesses should be required to establish “notice and takedown” procedures. An active debate is centred on going beyond the notice and takedown approach and having tech companies proactively seek out illegal content or material, especially in the context of the sexual exploitation and abuse of children. At present, some tech companies are proactively seeking out, identifying and reporting such content on a voluntary basis. 77. The proactive use of tools to seek out such material raises the question of the impact of such an approach on the privacy of those who use the service or platform. While protections for individual privacy are essential, the privacy of children - particularly child victims of violence online – must be protected at all times. The reality is that without engaging in proactive searches for illegal content, companies would remain blind to the enormous volume of such material and content and law enforcement and child protection authorities would therefore remain unaware of their existence. Serious crimes would go unnoticed, leaving no prospect of identifying or supporting child victims. One dimension of this question relates to how technical tools for detecting online crimes against children are applied to encrypted material or content. In order to ensure robust protection for children while ensuring that adequate privacy safeguards are in place, a competent national authority or regulator should be empowered to determine which technical tools are appropriate for the proactive identification of online crimes against children and when their use should constitute a facet of a company’s obligation to ensure that their services or platforms are safe for children. 78. It is important to acknowledge the indispensable role of industry in developing technical tools for tackling violence against children online. This reinforces the need to continue to work constructively with industry to identify solutions with respect to confronting the evolving nature of online violence against children and addressing ongoing challenges, such as the inconsistent use by tech companies of tools that are freely available, gaps in ensuring prompt and efficient cooperation with law enforcement and the barriers erected through maintaining some of those tools as proprietary technology. D. Ensuring a victim- and survivor-centred approach 79. Children face particular challenges in accessing justice relating to the digital environment, which arise because of a lack of legislation placing sanctions on relevant violations of children’s rights; difficulties in obtaining evidence or identifying perpetrators; and a lack of knowledge among children and caregivers regarding their rights. Further challenges may arise if children are required to disclose sensitive or private online activities or fear reprisals by peers or social exclusion. 80. These challenges echo some of the conclusions derived from the Disrupting Harmrelated research cited earlier. That research identified barriers to accessing justice that included the many obstacles to obtaining convictions after reports are made; the fact that so many children and caregivers never see their cases reach the courts; the fact that children and caregivers are confronted with complex, unfamiliar technical language, witness discussions that are not appropriate based on the age of the child and face proceedings that are conducted in languages other than their mother tongue; and a lack of the comprehensive and ongoing support that is needed for recovery in many countries or outside urban areas. Importantly, compensation has been rare.45 81. States must ensure the investigation of online crimes against children and provide remedies and holistic support for child victims and survivors. 46 States should address the 45 46 16 ECPAT International, “Access to justice and legal remedies for children subjected to online sexual exploitation and abuse”, Disrupting Harm Data Insight, No. 3 (Global Partnership to End Violence Against Children, 2022). Committee on the Rights of the Child, general comment No. 25 (2021). GE.22-29128