Online Safety Bill

Elspeth Howe has tabled yet another internet censorship bill planning to define any sex work rejected by the BBFC to be 'extreme pornography'. The first reading of the bill took place in the House of Lords on 10th July 2017. The bill reads:

A Bill to Amend the definition of extreme pornography in the Digital Economy Act 2017.

1 Amendment of the definition of extreme pornography

(1) The Digital Economy Act 20 17 is amended as follows.

(2) In section 15 (meaning of "pornographic material"), in subsection (1), omit paragraphs (g) to (i). (3) In section 22 (meaning of "extreme pornographic material"), for subsections (1) to (4) substitute--

"(1) In this section "extreme pornographic material" means any of the following--

(a) the whole or part of a video work--

(i) if it is reasonable to assume from its nature that the video work was produced solely or principally for the purposes of sexual arousal, and

(ii) if the video works authority has determined the video work not to be suitable for a classification certificate to be issued in respect of it;

(b) material whose nature is such that it is reasonable to assume--

(i) that it was produced solely or principally for the purposes of sexual arousal, and

(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it."

Nearly three-quarters of people questioned for a survey for a christian morality campaign said all websites offering adult movies and pornography should introduce age-verification systems

The Government should impose age verification checks on all websites which offer pornography and 18-rated entertainment such as horror films , Fifty Shades of Grey and Game of Thrones , according to the survey.

The survey of more than 2,000 adults was conducted earlier this month for Christian Action Research and Education (CARE), which is campaigning for internet censorship.

The ComRes survey found 74% of the people they asked said the Government should require sites offering pornography in the UK to put age verification checks in place. A further 73% also said that age verification should apply to 18 rated films streamed online.

The timing of publication of the survey was timed to support Elspeth Howe's latest Online Safety Bill, which was debated in the House of Lords today. The Online Safety Bill required default website blocking for mobile phones, requires strict ID verification for adult internet video and also required foreign porn sites to get a UK licence for its operation on threat of banks denying payment services for unlicensed websites.

The Bill passed its 2nd reading in the Lords and now moved to committee. But the government did rather point out that Howe was stepping on their toes for initiatives that the government would be introducing in the near future.

The Consumer Rights Bill is progressing through Parliament is currently at the report stage in the house of Lords. It will next be debated on 24th November.

Elspeth Howe has again proposed her clause requiring age verification for adult content. It has been kicked out several times in the past as the government recognises the need to work with the telecoms industry rather than impose onerous new laws (of course the government hasn't shown the same pragmatic approach to the adult internet industry).

The new clause was proposed by Baroness Elspeth Howe, Baroness King, Lord Cormack and Baroness Floella Benjamin. It is titled amendment 50D.

"Duty to provide an internet service that protects children from digital content

(1) Internet service providers must provide to subscribers an internet access service which excludes adult content unless all the conditions of subsection (3) have been fulfilled.

(2) Where mobile telephone operators provide a telephone service to subscribers which includes an internet access service, they must ensure this service excludes adult content unless all the conditions of subsection (3) have been fulfilled.

(3) The conditions are--

(a) the subscriber "opts-in" to subscribe to a service that includes adult content;

(b) the subscriber is aged 18 or over; and

(c) the provider of the service has an age verification policy which meets the standards set out by OFCOM in subsection (4) and which has been used to confirm that the subscriber is aged 18 or over before a user is able to access adult content.

(4) It shall be the duty of OFCOM, to set, and from time to time to review and revise, standards for the--

(a) filtering of adult content in line with the standards set out in section 319 of the Communications Act 2003 (OFCOM's standards code);

(b) age verification policies to be used under subsection (3) before a user is able to access adult content; and

(c) filtering of content by age or subject category by providers of internet access services and mobile phone operators.

(5) The standards set out by OFCOM under subsection (4) must be contained in one or more codes.

(6) Before setting standards under subsection (5), OFCOM must publish, in such a manner as they think fit, a draft of the proposed code containing those standards.

(7) After publishing the draft code and before setting the standards, OFCOM must consult relevant persons and organisations.

(8) It shall be the duty of OFCOM to establish procedures for the handling and resolution of complaints in a timely manner about the observance of standards set under subsection (4), including complaints about incorrect filtering of content.

(9) OFCOM may designate any body corporate to carry out its duties under this section in whole or in part.

(10) OFCOM may not designate a body under subsection (9) unless, as respects that designation, they are satisfied that the body--

(a) is a fit and proper body to be designated;

(b) has consented to being designated;

(c) has access to financial resources that are adequate to ensure the effective performance of its functions under this section; and

(d) is sufficiently independent of providers of internet access services and mobile phone operators.

(11) In this section, internet service providers and mobile telephone operators shall at all times be held harmless of any claims or proceedings, whether civil or criminal, providing that at the relevant time, the internet access provider or the mobile telephone operator--

(a) was following the standards and code set out by OFCOM in subsection (4); and

(b) acting in good faith.

(12) For the avoidance of doubt, nothing in subsections (1) and (2) prevents providers of internet access services and mobile phone operators from providing additional levels of filtering content.

(13) In this section--

"adult content" means an internet access service that contains harmful and offensive materials from which persons under the age of eighteen are protected;

"harmful and offensive materials" has the same meaning as in section 3 of the Communications Act 2003 (general duties of OFCOM);

"material from which persons under the age of eighteen are protected" means material specified in the OFCOM standards under section 319(2)(a) of the Communications Act 2003 (OFCOM's standards code);

"opts-in" means a subscriber notifies the service provider of his or her consent to subscribe to a service that includes adult content."

Update: Howe's amendment thrown out

27th November 2014. See article from parliament.uk . Thanks to Therumbler

Elspeth Howe's new clause was defeated by 124 votes to 64. Labour supported the bill, while most, but not all, Tories and LibDems opposed it.

Last year Elspeth Howe sponsored a private members bill that more or less mandated ISP porn blocking software along the lines of that currently being introduced. However it had a nasty twist that all pornographic images be restricted to users opting in to porn access from their ISPs and that allowable porn sites had to implement onerous ATVOD style age verification systems such as demanding a credit card (debit cards are unacceptable) payment prior to any access to porn.

This year Howe has reintroduced her bill with an even nastier kick in the teeth. She want all adult content, not just porn, to be restricted to sites that impose ATVOD style age verification.

The Bill receives its 2nd read in the House of Lord today. The relevant section of the bill reads:

1 Duty to provide a service that excludes adult content

(1) Internet service providers must provide to subscribers an internet access service which excludes adult content unless all the conditions of subsection 3
have been fulfilled.

(2) Where mobile telephone network operators provide a telephone service to subscribers, which includes an internet access service, they must ensure this service excludes adult content unless all the conditions of subsection 3 have
been fulfilled.

(3) The conditions are--

(a) the subscriber "opts-in" to subscribe to a service that includes adult content;

(b) the subscriber is aged 18 or over; and

(c) the provider of the service has an age verification policy which meets the standards set out by OFCOM and which has been used to confirm that the subscriber is aged 18 or over.

Update: Passed 2nd Reading

7th December 2013. See Hansard from publications.parliament.uk

The bill passed 2nd Reading after 3 hours of censorial politicians patting each other on the back for this ludicrously worded proposal. Nobody was interesting in actually thinking through the consequences of the proposal. A fine example of how crap law is generated.