The Best Interests of the Child and the Challenge of Digital Re-Victimization in Child Sexual Abuse Material (CSAM) Cases

Child Sexual Abuse Material (CSAM) constitutes one of the most serious forms of child sexual abuse in the digital environment, causing not only primary harm at the moment of abuse but also prolonged and repeated victimization due to the continued storage, dissemination, and accessibility of such material. Although international and European Union legal frameworks provide extensive mechanisms for the protection of children and the prosecution of offenders, questions remain regarding the effectiveness of these mechanisms in preventing the repeated digital victimization of child victims. The aim of this study is to evaluate the criminal justice response to CSAM and to analyse the implementation of the best interests of the child principle in the protection of children who are victims of online sexual abuse. This article argues that the prevention of digital re-victimization should be recognised as an integral component of the best interests of the child principle in CSAM cases. The research employs doctrinal legal analysis, comparative legal methods, and normative analysis, examining the United Nations Convention on the Rights of the Child, European Union legal instruments, the case law of the European Court of Human Rights, and recent academic literature. The analysis indicates that substantial emphasis within the existing criminal justice framework remains on the investigation of offences and the punishment of offenders, while the continuing digital harm that may persist after the conclusion of criminal proceedings requires broader child-protection measures. The article concludes that, in CSAM cases, the best interests of the child principle should be interpreted as imposing a state obligation not only to ensure child-friendly criminal proceedings but also to establish effective mechanisms for the identification, removal, and prevention of the further dissemination of child sexual abuse material, thereby reducing the risk of repeated digital victimization.