Archive for the ‘BBFC Internet Censor’ Category

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mark zuckerberg grinning Alexander Nix vladimir putin
Your data is safe with us.
We will follow ‘best practices’, honest!

The BBFC has launched its public consultation about its arrangements for censoring porn on the internet.

The document was clearly written before the Cambridge Analytica data abuse scandal. The BBFC gullibility in accepting the word of age verification providers and porn websites, that they will look after your data, now rather jars with what we see going on in the real world.

After all European data protection laws allow extensive use of your data, and there are absolutely no laws governing what foreign websites can do with your identity data and porn browsing history.

I think that under the current arrangements, if a Russian website were to hand over identity data and porn browsing history straight over to the Kremlin dirty tricks department, then as long as under 18s would be prohibited, then the BBFC would have to approve that website’s age verification arrangements.

Anyway there will be more debate on the subject over the coming month.

The BBFC writes:

Consultation on draft Guidance on Age-Verification Arrangements and draft Guidance on Ancillary Service Providers

Under section 14(1) of the Digital Economy Act 2017, all providers of online commercial pornographic services accessible from the UK will be required to carry age-verification controls to ensure that their content is not normally accessible to children.

This legislation is an important step in making the internet a safer place for children.

The BBFC was designated as the age-verification regulator under Part 3 of the Digital Economy Act 2017 on 21 February 2018.

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish two sets of Guidance: Guidance on Age-verification Arrangements and Guidance on Ancillary Service Providers .

The BBFC is now holding a public consultation on its draft Guidance on Age-Verification Arrangements and its draft Guidance on Ancillary Service Providers. The deadline for responses is the 23 April 2018 .

We will consider and publish responses before submitting final versions of the Guidance to the Secretary of State for approval. The Secretary of State is then required to lay the Guidance in parliament for formal approval. We support the government’s decision to allow a period of up to three months after the Guidance is formally approved before the law comes into force, in order to give industry sufficient time to comply with the legislation.

Draft Guidance on Age-verification Arrangements

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish:

“guidance about the types of arrangements for making pornographic material available that the regulator will treat as complying with section 14(1)”.

The draft Guidance on Age-Verification Arrangements sets out the criteria by which the BBFC will assess that a person has met with the requirements of section 14(1) of the Act. The draft guidance outlines good practice, such as offering choice of age-verification solutions to consumers. It also includes information about the requirements that age-verification services and online pornography providers must adhere to under data protection legislation and the role and functions of the Information Commissioner’s Office (ICO). The draft guidance also sets out the BBFC’s approach and powers in relation to online commercial pornographic services and considerations in terms of enforcement action.

Draft Guidance on Ancillary Service Providers

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish: “guidance for the purposes of section 21(1) and (5) about the circumstances in which it will treat services provided in the course of a business as enabling or facilitating the making available of pornographic material or extreme pornographic material”.

The draft Guidance on Ancillary Service Providers includes a non-exhaustive list of classes of ancillary service provider that the BBFC will consider notifying under section 21 of the Act, such as social media and search engines. The draft guidance also sets out the BBFC’s approach and powers in relation to online commercial pornographic services and considerations in terms of enforcement action.

How to respond to the consultation

We welcome views on the draft Guidance in particular in relation to the following questions:

Guidance on Age-Verification Arrangements

  • Do you agree with the BBFC’s Approach as set out in Chapter 2?

  • Do you agree with the BBFC’s Age-verification Standards set out in Chapter 3?

  • Do you have any comments with regards to Chapter 4?

The BBFC will refer any comments regarding Chapter 4 to the Information Commissioner’s Office for further consideration.

Draft Guidance on Ancillary Service Providers

  • Do you agree with the BBFC’s Approach as set out in Chapter 2?

  • Do you agree with the classes of Ancillary Service Provider set out in Chapter 3?

Please submit all responses (making reference to specific sections of the guidance where relevant) and confidentiality forms as email attachments to:

DEA-consultation@bbfc.co.uk

The deadline for responses is 23 April 2018 .

We will consider and publish responses before submitting final versions of the Guidance to the Secretary of State for approval.

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bbfc appointed The DCMS has published a letter dated 21st February 2018 that officially appoints the BBFC as its internet porn censor. It euphemistically describes the role as an age verification regulator.Presumably a few press releases will follow and now the BBFC can at least be expected to comment on how the censorship will be implemented..

The enforcement has previously being noted as starting around late April or early May but this does not seem to give sufficient time for the required software to be implemented by websites.

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House of Commons logoHouse of Commons

Delegated Legislation Committee

Proposal for Designation of Age-verification Regulator

Thursday 1 February 2018

The Minister of State, Department for Digital, Culture, Media and Sport (Margot James)

I beg to move,

That the Committee has considered the Proposal for Designation of Age-verification Regulator.

The Digital Economy Act 2017 introduced a requirement for commercial providers of online pornography to have robust age-verification controls in place to prevent children and young people under the age of 18 from accessing pornographic material. Section 16 of the Act states that the Secretary of State may designate by notice the age-verification regulator and may specify which functions under the Act the age-verification regulator should hold. The debate will focus on two issues. I am seeking Parliament’s approval to designate the British Board of Film Classification as the age-verification regulator and approval for the BBFC to hold in this role specific functions under the Act.

Liam Byrne (Birmingham, Hodge Hill) (Lab)

At this stage, I would normally preface my remarks with a lacerating attack on how the Government are acquiescing in our place in the world as a cyber also-ran, and I would attack them for their rather desultory position and attitude to delivering a world-class digital trust regime. However, I am very fortunate that this morning the Secretary of State has made the arguments for me. This morning, before the Minister arrived, the Secretary of State launched his new app, Matt Hancock MP. It does not require email verification, so people are already posting hardcore pornography on it. When the Minister winds up, she might just tell us whether the age-verification regulator that she has proposed, and that we will approve this morning, will oversee the app of the Secretary of State as well.

Question put and agreed to.

House of Lords

See article from hansard.parliament.uk

house of lords red logoParticulars of Proposed Designation of Age-Verification Regulator

01 February 2018

Motion to Approve moved by Lord Ashton of Hyde

Section 16 of the Digital Economy Act states that the Secretary of State may designate by notice the age-verification regulator, and may specify which functions under the Act the age-verification regulator should hold. I am therefore seeking this House’s approval to designate the British Board of Film Classification as the age-verification regulator. We believe that the BBFC is best placed to carry out this important role, because it has unparalleled expertise in this area.

Lord Stevenson of Balmacara (Lab)

I still argue, and I will continue to argue, that it is not appropriate for the Government to give statutory powers to a body that is essentially a private company. The BBFC is, as I have said before204I do not want to go into any detail — a company limited by guarantee. It is therefore a profit-seeking organisation. It is not a charity or body that is there for the public good. It was set up purely as a protectionist measure to try to make sure that people responsible for producing films that were covered by a licensing regime in local authorities that was aggressive towards certain types of films204it was variable and therefore not good for business204could be protected by a system that was largely undertaken voluntarily. It was run by the motion picture production industry for itself.

 L ord Ashton of Hyde

I will just say that the BBFC is set up as an independent non-governmental body with a corporate structure, but it is a not-for-profit corporate structure. We have agreed funding arrangements for the BBFC for the purposes of the age-verification regulator. The funding is ring-fenced for this function. We have agreed a set-up cost of just under £1 million and a running cost of £800,000 for the first year. No other sources of funding will be required to carry out this work, so there is absolutely no question of influence from industry organisations, as there is for its existing work—it will be ring-fenced.

Motion agreed.

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dcmd guidance age verification A few extracts from the documentIntroduction

  1. A person contravenes Part 3 of the Digital Economy Act 2017 if they make
    pornographic material available on the internet on a commercial basis to
    persons in the United Kingdom without ensuring that the material is not
    normally accessible to persons under the age of 18. Contravention could lead
    to a range of measures being taken by the age-verification regulator in
    relation to that person, including blocking by internet service providers (ISPs).
  2. Part 3 also gives the age-verification regulator powers to act where a person
    makes extreme pornographic material (as defined in section 22 of the Digital
    Economy Act 2017) available on the internet to persons in the United
    Kingdom.

Purpose

This guidance has been written to provide the framework for the operation of
the age-verification regulatory regime in the following areas:

● Regulator’s approach to the exercise of its powers;
● Age-verification arrangements;
● Appeals;
● Payment-services Providers and Ancillary Service Providers;
● Internet Service Provider blocking; and
● Reporting.

Enforcement principles

This guidance balances two overarching principles in the regulator’s application of its powers under sections 19, 21 and 23 – that it should apply its powers in the way which it thinks will be most effective in ensuring compliance on a case-by-case basis and that it should take a proportionate approach.

As set out in this guidance, it is expected that the regulator, in taking a proportionate approach, will first seek to engage with the non-compliant person to encourage them to comply, before considering issuing a notice under section 19, 21 or 23, unless there are reasons as to why the regulator does not think that is appropriate in a given case

Regulator’s approach to the exercise of its powers

The age-verification consultation Child Safety Online: Age verification for pornography identified that an extremely large number of websites contain pornographic content – circa 5 million sites or parts of sites. All providers of online pornography, who are making available pornographic material to persons in the United Kingdom on a commercial basis, will be required to comply with the age-verification requirement .

In exercising its powers, the regulator should take a proportionate approach. Section 26(1) specifically provides that the regulator may, if it thinks fit, choose to exercise its powers principally in relation to persons who, in the age-verification regulator’s opinion:

  • (a) make pornographic material or extreme pornographic material available on the internet on a commercial basis to a large number of persons, or a large number of persons under the age of 18, in the United Kingdom; or
  • (b) generate a large amount of turnover by doing so.

In taking a proportionate approach, the regulator should have regard to the following:

a. As set out in section 19, before making a determination that a person is contravening section 14(1), the regulator must allow that person an opportunity to make representations about why the determination should not be made. To ensure clarity and discourage evasion, the regulator should specify a prompt timeframe for compliance and, if it considers it appropriate, set out the steps that it considers that the person needs to take to comply.

b. When considering whether to exercise its powers (whether under section 19, 21 or 23), including considering what type of notice to issue, the regulator should consider, in any given case, which intervention will be most effective in encouraging compliance, while balancing this against the need to act in a proportionate manner.

c. Before issuing a notice to require internet service providers to block access to material, the regulator must always first consider whether issuing civil proceedings or giving notice to ancillary service providers and payment-services providers might have a sufficient effect on the non-complying person’s behaviour.

To help ensure transparency, the regulator should publish on its website details of any notices under sections 19, 21 and 23.

Age-verification arrangements

Section 25(1) provides that the regulator must publish guidance about the types of arrangements for making pornographic material available that the regulator will treat as complying with section 14(1). This guidance is subject to a Parliamentary procedure

A person making pornographic material available on a commercial basis to persons in the United Kingdom must have an effective process in place to verify a user is 18 or over. There are various methods for verifying whether someone is 18 or over (and it is expected that new age-verification technologies will develop over time). As such, the Secretary of State considers that rather than setting out a closed list of age-verification arrangements, the regulator’s guidance should specify the criteria by which it will assess, in any given case, that a person has met with this requirement. The regulator’s guidance should also outline good practice in relation to age verification to encourage consumer choice and the use of mechanisms which confirm age, rather than identity.

The regulator is not required to approve individual age-verification solutions. There are various ways to age verify online and the industry is developing at pace. Providers are innovating and providing choice to consumers.

The process of verifying age for adults should be concerned only with the need to establish that the user is aged 18 or above. The privacy of adult users of pornographic sites should be maintained and the potential for fraud or misuse of personal data should be safeguarded. The key focus of many age-verification providers is on privacy and specifically providing verification, rather than identification of the individual.

Payment-services providers and ancillary service providers

There is no requirement in the Digital Economy Act for payment-services providers or ancillary service providers to take any action on receipt of such a notice. However, Government expects that responsible companies will wish to withdraw services from those who are in breach of UK legislation by making pornographic material accessible online to children or by making extreme pornographic material available.

The regulator should consider on a case-by-case basis the effectiveness of notifying different ancillary service providers (and payment-services providers).

There are a wide-range of providers whose services may be used by pornography providers to enable or facilitate making pornography available online and who may therefore fall under the definition of ancillary service provider in section 21(5)(a) . Such a service is not limited to where a direct financial relationship is in place between the service and the pornography provider. Section 21(5)(b) identifies those who advertise commercially on such sites as ancillary service providers. In addition, others include, but are not limited to:

  • a. Platforms which enable pornographic content or extreme pornographic material to be uploaded;
  • b. Search engines which facilitate access to pornographic content or extreme pornographic material;
  • c. Discussion for a and communities in which users post links;
  • d. Cyberlockers’ and cloud storage services on which pornographic content or extreme pornographic material may be stored;
  • e. Services including websites and App marketplaces that enable users to download Apps;
  • f. Hosting services which enable access to websites, Apps or App marketplaces; that enable users to download apps
  • g. Domain name registrars.
  • h. Set-top boxes, mobile applications and other devices that can connect directly to streaming servers

Internet Service Provider blocking

The regulator should only issue a notice to an internet service provider having had regard to Chapter 2 of this guidance. The regulator should take a proportionate approach and consider all actions (Chapter 2.4) before issuing a notice to internet service providers.

In determining those ISPs that will be subject to notification, the regulator should take into consideration the number and the nature of customers, with a focus on suppliers of home and mobile broadband services. The regulator should consider any ISP that promotes its services on the basis of pornography being accessible without age verification irrespective of other considerations.

The regulator should take into account the child safety impact that will be achieved by notifying a supplier with a small number of subscribers and ensure a proportionate approach. Additionally, it is not anticipated that ISPs will be expected to block services to business customers, unless a specific need is identified.

Reporting

In order to assist with the ongoing review of the effectiveness of the new regime and the regulator’s functions, the Secretary of State considers that it would be good practice for the regulator to submit to the Secretary of State an annual report on the exercise of its functions and their effectiveness.

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return of kings logo The BBFC arbitrates on website blocking algorithms used by mobile phone companies. If there is a dispute over the censorship decisions made by the mobile companies, then the BBFC decides whether websites should be 18 rated or not.returnofkings.com is a rather strident supporter of the men’s rights movement. It is outspoken and totally politically incorrect, but in a quick survey I didn’t spot anything that described or promoted sexual violence. There’s probably something somewhere, but the initial impression is dominated by the unPC language and ideas.

The BBFC wrote:

Issue

A mobile network operator contacted the BBFC for advice about the suitability of the website for people under 18, following a complaint from a member of the public that the site had been placed behind adult filters despite containing no material that in the complainant’s opinion would cause access to be restricted to adults only.

Adjudication

We noted that it was a news/blog site with sections containing various strong sexual descriptions, including descriptions and promotion of violent sex. We also found the website contained very strong language at a number of points. On that basis we were satisfied that the website contained material we would classify 18.

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privateinternetaccess logo The BBFC arbitrates on website blocking algorithms used by mobile phone companies. If there is a dispute over the censorship decisions made by the mobile companies, then the BBFC decides whether websites should be 18 rated or not.In August 2017, the BBFC were asked to consider a request to unblock the website privateinternetaccess.com which sells VPN services used to work around internet website blocking. The BBFC explained:

Issue

mobile network operator contacted the BBFC for advice about the suitability of the website for people under 18, following a complaint from the site owner that it had been placed behind adult filters despite containing no material that in the complainant’s opinion would cause access to be restricted to adults only.

Adjudication

The BBFC viewed the site on 31st August 2017.We noted that it was a website offering a paid-for VPN service. The site offered information on how to subscribe to the service, a description of the features offered by the service, client support services and a contacts page. While the BBFC is aware that VPNs can be used to enable illegal activity and to avoid detection when a criminal offence is being committed, they are not themselves illegal under UK law. In addition, the website contained no overt references to illegal activity – for example, it does not include instructions on how to use a VPN to commit an offence or promote the use of the service in order to avoid detection when committing an offence. As such, we found no content which we would classify 18.

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urban dictionary logoThe mobile phone companies use an algorithmic approach to the blocking of websites for mobile device users who are under 18 or else adults who have not got themselves verified as adults.The BBFC acts to decide appeals against the phone company decisions. Note that the only options available to the BBFC are for websites to made available to all or else restricted to verified adults.

The BBFC commendably publish these appeal decisions.

From the latest batch of two appeals in the preceding 3 months, the BBFC have considered

Urban Dictionary

The Urban Dictionary provides factual definitions of slang terms which often involves string language and sex references. For Example:

Censorshit

the idea that censorship is bullshit….nothing needs to be censored…..if you don’t want to watch swearing, violence, or sexual content, DON’T WATCH IT! simple as that…..nobody is making you watch it…..they have disclaimers for a reason….and if you don’t want your kids watching that shit, tell your kids what they can and cannot watch…..and if they don’t listen to you then you are a bad parent for not teaching your kids to do what you say.

every time i watch tv there’s nothing but censorshit everywhere.

that movie sucked because of the censorshit.

The BBFC advised that the website should be blocked to under 18s, explaining:

We noted that it was an online dictionary of slang words and phrases. While a broad range of terms were explained (with definitions from a broad range of contributors), we found that very strong language and sex references were present in a significant minority of these explanations. Sex references included crude descriptions of activities including masturbation, oral sex, and urination and defecation during sex. In addition, there were references to rape and paedophilia, and definitions of discriminatory terms, which were delivered in an irreverent tone intended to shock or amuse. Given the crude and potentially offensive nature of this content, and the lackof context that accompanied it, we did not consider the website suitable for people under the age of 18.

It seems bizarre that teenagers should be blocked from a dictionary explaining their own terms, but there you go, that’s censorshit for you.