UN Special Rapporteur on the Sale & Sexual Exploitation of Children: Website – https://www.ohchr.org/en/special-procedures/sr-sale-of-children

The UN Special Rapporteur on the sale and sexual exploitation of children is mandated to analyse the root causes of sale and sexual exploitation of children, identify new patterns of the phenomena, exchange good practices to combat it, promote measures to prevent it, and make recommendations for the rehabilitation of child victims of sale and sexual exploitation.

Call for Inputs: A Study on the Sexual Abuse & Exploitation of Children in the Entertainment Industry

ISSUED BY Special Rapporteur on the sale and sexual exploitation of children

DEADLINE – 04 October 2023

Purpose: To inform the Report of the UN Special Rapporteur on the sale, sexual exploitation and sexual abuse of children. Pursuant to the Human Rights Council Resolution 52/26, the upcoming thematic report to the 55th session of the Human Rights Council will be presented in March 2024.

Background and objectives

Sexual abuse and exploitation of children in the entertainment industry is prevalent in various settings and contexts, and the risks multiply depending on the vulnerabilities and power dynamics that exist within the industry.^[1] Children and adolescents within the entertainment sectors are usually involved in local or community entertainment initiatives, tourism or hospitality enterprises, commercial casting, auditions, filming or music sector, within social media, or through coverages in glamour or sports magazines.

The scope of the entertainment sector can also be informal and unregulated, drawing workforce from children vulnerable to economic incentives without written contracts, where ample risks exist for abuse of exploitation.^[2] These children affected include among others, singers, actors, show participants, dancers and athletes^[3], within the digital space, the direct or virtual representation of children in chats, gaming, visual depictions, imageries, and graphics is also part of the profit-making entertainment industry.^[4]

Whether by physical presence or through digital platforms, perpetrators continue to exploit the vulnerability of children to coerce them into inappropriate situations or demand sexual favours, be made to work long hours or be exposed to hazards, in exchange for opportunities. Many of these children within the industry may not usually live with their families or guardians.^[5] Incidences of the sexual exploitation and abuse of children resulting from unethical practices or abuse of power and authority in public, or private settings have been reported globally.^[6] A series of litigation against industry insiders have brought to light various cases globally, on the sexual exploitation and abuse of children as issues of concerns.^[7] There are also a number of instances where the cases of the victims and survivors have been met with silence, non-acknowledgment, lack of investigation, duress, intimidation or non-availability of reparation measures.^[8]

The UN Convention on the Rights of the Child (CRC) confers upon children the right to protection from all forms of exploitation, which includes risks associated with work^[9] In combating the existing risks, it is important to ensure that the issue of involvement of children in the entertainment industry and the conduct of the industry or business align with the applicable international legal framework. These would be relevant in the areas of the minimum age requirements for employment, restrictions on working hours, mandatory education, and guidelines for working conditions, all of which must be implemented for the safety and well-being of children within the industry. Technological boom, progress and innovation in the entertainment industry also need to be taken into account when assessing needs to ensure that emerging challenges are addressed for the protection of children involved in the entertainment industry.

At the international level there are various legal instruments, guidelines and good practices that provide for the protection of children from sexual abuse and exploitation within the entertainment industry.

International Labour Organization (ILO) Convention No. 182 addresses the worst forms of child labour, including the sexual exploitation of children, providing important guidelines to protect children from all forms of exploitation, including sexual exploitation that could occur in the context of child labour. The Convention on the Rights of the Child (CRC) outlines the rights of children and sets minimum standards for their protection in all areas of life. Article 34 of the CRC specifically addresses protection from sexual exploitation and abuse including their involvement in pornographic performances and materials.^[10] The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography obliges the States parties to take measures to prevent and combat the crimes, which are relevant in cases of child exploitation in the entertainment industry.

In its reviews, the Committee on the rights of the child has underscored its concerns on the extent and prevalence of sexual exploitation of children, in particular in entertainment venues, including girls from remote villages and from disadvantaged socioeconomic backgrounds, working in entertainment centres, and being vulnerable to child sex tourism.^[11] The Committee has recommended among others, to undertake awareness-raising campaigns in collaboration with the tourism industry, media and advertising companies, the entertainment industry and the public at large on the prevention of sexual exploitation of children^[12], and, strengthening of the enforcement of existing laws as well as administrative measures, social policies and programmes aimed at prevention and increase the number of labour inspections, including with a view to protecting children working in the informal sector, in hazardous work places and in entertainment venues.^[13]

At national level, governments must ensure they have in place laws that regulate the industry and protect those who work with in the industry, and these are implemented in line with the international standards.

While the legal framework obliges the States parties to take adequate measures, there are many challenges, that hinder efforts towards combating the phenomena of child sexual exploitation and abuse in the entertainment industry. These include limited knowledge about the prevalence of sexual abuse within the industry and on the rights of child performers, which makes it difficult to detect, report and prevent incidents of sexual abuse and exploitation. Investigating sexual abuse cases in the entertainment industry may also be challenging due to the complexities of the industry, the influence of powerful individuals, use of the child sexual abuse materials in the dark web, and the hesitancy of victims to come forward. Victims of sexual abuse in the entertainment industry may face intimidation, threats, or retaliation if they speak out against their abusers, while at the same time in some jurisdictions, the statute of limitations for reporting sexual abuse may hinder justice for victims who may disclose their experiences years after the incidents happen. Additionally, the entertainment industry often operates across borders, this could make it difficult to coordinate investigations and enforce laws when incidents occur in different countries.

In order to adequately address and respond to this problem, more can be done to raise awareness on this problem; and all stakeholders, including States, the entertainment industry civil societies, parents or guardians, can do more in creating and maintaining a safe environment for the children in the entertainment industry.

Objectives

The Special Rapporteur, in the upcoming Report aims to: (i) explore the risks of sexual exploitation and abuse that child performers are exposed to within the entertainment industry; (ii) identify challenges to addressing this problem; (iii) undertake an analysis of the needed areas of intervention to safeguard children against sexual abuse within the entertainment industry; (iv) highlight the measures and good practices to preventing and responding to this problem; (v) increase awareness and make recommendations on this issue.

In order to inform the preparations of her report, the Special Rapporteur invites contributions from States, National Human Rights Institutions, civil society organizations, United Nations agencies, academia, international and regional organizations, corporate entities, individuals, on the following;

Key questions and inputs sought

1. What are the manifestations of the sexual abuse and exploitation of children within the entertainment industry? Please share examples of reported and adjudicated cases on incidences of cases reported within this industry.
2. How do power imbalances stemming from the vulnerabilities of children, put them at risk to sexual exploitation and abuse within the entertainment industry?
   1. How does this apply in informal settings and in formal settings where contracts are executed?
   2. What are the contextual challenges in this regard and what strategies can be adopted to mitigate the risks?
3. What are the specific issues of challenges pertaining to protecting children from sexual exploitation and abuse in the entertainment industry?
4. What are the legal and procedural barriers that may expose the child performers to exploitation and sexual abuse in the entertainment industry, and what measures can be implemented to address this issue effectively?
5. What are the challenges and implications of child labour laws in protecting minors from abuse and exploitation, and how can these laws be better enforced to safeguard their well-being in the entertainment industry?
6. What are the factors that inhibit the availability of proper reporting mechanisms for child sexual abuse victims and survivors in the entertainment industry, and how can confidential and safe reporting systems be established to encourage victims to come forward without fear of retaliation, or influences from the industry?
7. Are there any specific safeguarding measures that should be implemented by businesses and individuals representing commercial enterprises, while working with child performers in the entertainment industry to safeguard them against sexual exploitation and sexual abuse?
8. How can perpetrators, and those who enable or cover up sexual abuse in the entertainment industry be held accountable, and what measures can be taken to deter potential offenders, end impunity and foster a culture of reporting and transparency?
9. What are the effective ways to educate industry professionals, at-risks children, parents and guardians, and the community, to recognize signs of abuse and report sexual abuse incidents that may occur within the entertainment industry?
10. How can child performers, their families be made aware and empowered about the rights to be protected against sexual exploitation and abuse, as well as be supported with reporting avenues or access justice when negatively impacted within the entertainment industry?
11. How can resources and reparation measures, including rehabilitation and comprehensive support services, be provided to victims and survivors of sexual abuse in the entertainment industry to ensure their adequate recovery and re-integration?
12. How can international collaboration and cooperation between and among jurisdictions be strengthened more effectively to address cross-border issues of sexual abuse in the entertainment industry?

_____________________

[1] See The Opportunity Agenda, Sexual Violence, The #METOO movement and the narrative shift.

[2] See Freedom Fund, Commercial sexual exploitation of children in Nepal: Shifting Forms of Abuse, 2021.

[3] See, Murshamshul, M. K., Udin, N. M., Ghadas, Z. A. A., & Mohd Shahril Nizam, M. R. (2018), Child Performers in the Entertainment Industry: An Analysis from the Employment Regulations Perspective, International Journal of Academic Research in Business and Social Sciences, 8(12), 1557–1568.

[4] See UNICEF, Discussion Paper Series: Children’s Rights and Business in a Digital World, Child Rights and online gaming: Opportunities and challenges for children and the industry, 2019.

[5] As cited in footnote (2)

[6] See Project WHEN, Harassment in the media and entertainment industry, See Journal of Clinical Psychology, Justine J. Reel and Emily Crouch, #MeToo: Uncovering Sexual Harassment and Assault in Sport, 2019.

[7] See, See Helping Survivors of Sexual Abuse and Assault, History of Hollywood Sexual Abuse, also, Human Rights Now, Oral statement on sexual violence in the entertainment industry, July 2023.

[8] See UCLA Women’s Law Journal, Breeland, Nikki R., ‘All the Truth I Could Tell’: A Discussion of Title VII’s Potential Impact on Systemic Entertainment Industry Victimization (January 18, 2018), available at SSRN: https://ssrn.com/abstract=3106284 or http://dx.doi.org/10.2139/ssrn.3106284, see also, case, Louisette GEISS et al., Plaintiffs. v. The Weinstein Company Holdings LLC, et al., Defendants, 2019, available at https://casetext.com/case/geiss-v-weinstein-co.

[9] Cambridge University Press, Manfred Liebel, Do children have a right to work? Working children’s movements in the struggle for social justice, 2012.

[10] See Article 34, Convention on the Rights of the Child; States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use of children in pornographic performances and materials.

[11] CRC/C/OPSC/BTN/CO/1 (CRC-OP-SC 2017 )

[12] CRC/C/JPN/CO/4-5 (CRC 2019 )

[13] CRC/C/OPSC/KHM/CO/1 (CRC-OP-SC 2015 )

Next Steps

Inputs may be sent via e-mail by 4 October 2023.

E-mail address: hrc-sr-saleofchildren@un.org

E-mail subject line: Contribution to UN HRC Report 2024

Word limit: 3000 words

File formats: Word, PDF

Accepted languages: English, Spanish, French