Archive for the ‘BBFC Internet Censor’ Category

Read more uk_internet_censors.htm at MelonFarmers.co.uk

DCMS logo As far as I can see if a porn website verifies your age with personal data, it will probably also require you tick tick a consent box with a hol load of small print that nobody ever reads. Now if that small print lets it forward all personal data, coupled with porn viewing data, to the Kremlin’s dirty tricks and blackmail department then that’s ok with the the Government’s age verification law. So for sure some porn viewers are going to get burnt because of what the government has legislated and because of what the BBFC have implemented.So perhaps it is not surprising that the BBFC has asked the government to pick up the tab should the BBFC be sued by people harmed by their decisions. After all it was the government who set up the unsafe environment, not the BBFC.

Margot James The Minister of State, Department for Culture, Media and Sport announced in Parliament:

I am today laying a Departmental Minute to advise that the Department for Digital, Culture, Media and Sport (DCMS) has received approval from Her Majesty’s Treasury (HMT) to recognise a new Contingent Liability which will come into effect when age verification powers under Part 3 of the Digital Economy Act 2017 enter force.

The contingent liability will provide indemnity to the British Board of Film Classification (BBFC) against legal proceedings brought against the BBFC in its role as the age verification regulator for online pornography.

As you know, the Digital Economy Act introduces the requirement for commercial providers of online pornography to have robust age verification controls to protect children and young people under 18 from exposure to online pornography. As the designated age verification regulator, the BBFC will have extensive powers to take enforcement action against non-compliant sites. The BBFC can issue civil proceedings, give notice to payment-service providers or ancillary service providers, or direct internet service providers to block access to websites where a provider of online pornography remains non-compliant.

The BBFC expects a high level of voluntary compliance by providers of online pornography. To encourage compliance, the BBFC has engaged with industry, charities and undertaken a public consultation on its regulatory approach. Furthermore, the BBFC will ensure that it takes a proportionate approach to enforcement and will maintain arrangements for an appeals process to be overseen by an independent appeals body. This will help reduce the risk of potential legal action against the BBFC.

However, despite the effective work with industry, charities and the public to promote and encourage compliance, this is a new law and there nevertheless remains a risk that the BBFC will be exposed to legal challenge on the basis of decisions taken as the age verification regulator or on grounds of principle from those opposed to the policy.

As this is a new policy, it is not possible to quantify accurately the value of such risks. The Government estimates a realistic risk range to be between 2£1m – 2£10m in the first year, based on likely number and scale of legal challenges. The BBFC investigated options to procure commercial insurance but failed to do so given difficulties in accurately determining the size of potential risks. The Government therefore will ensure that the BBFC is protected against any legal action brought against the BBFC as a result of carrying out duties as the age verification regulator.

The Contingent Liability is required to be in place for the duration of the period the BBFC remain the age verification regulator. However, we expect the likelihood of the Contingent Liability being called upon to diminish over time as the regime settles in and relevant industries become accustomed to it. If the liability is called upon, provision for any payment will be sought through the normal Supply procedure.

It is usual to allow a period of 14 Sitting Days prior to accepting a Contingent Liability, to provide Members of Parliament an opportunity to raise any objections.

Advertisements
Read more uk_internet_censors.htm at MelonFarmers.co.uk

bbfc internet censor There’s loads of new information today about the upcoming internet porn censorship regime to be coordinated by the BBFC.The BBFC has launched a new website, ageverificationregulator.com , perhaps to distance itself a bit from its film censorship work.

The BBFC has made a few changes to its approach since the rather ropey document published prior to the BBFC’s public consultation. In general the BBFC seems a little more pragmatic about trying to get adult porn users to buy into the age verification way of thinking. The BBFC seems supportive of the anonymously bought porn access card from the local store, and has taken a strong stance against age verification providers who reprehensibly want to record people’s porn browsing, claiming a need to provide an audit trail.

The BBFC has also decided to offer a service to certify age verification providers in the way that they protect people’s data. This is again probably targeted at making adult porn users a bit more confident in handing over ID.

The BBFC tone is a little bit more acknowledging of people’s privacy concerns, but it’s the government’s law being implemented by the BBFC, that allows the recipients of the data to use it more or less how they like. Once you tick the ‘take it or leave it’ consent box allowing the AV provider ‘to make your user experience better’ then they can do what they like with your data (although GDPR does kindly let you later withdraw that consent and see what they have got on you).

Another theme that runs through the site is a rather ironic acceptance that, for all the devastation that will befall the UK porn industry, for all the lives ruined by people having their porn viewing outed, for all the lives ruined by fraud and identity theft, that somehow the regime is only about stopping young children ‘stumbling on porn’… because the older, more determined, children will still know how to find it anyway.

So the BBFC has laid out its stall, and its a little more conciliatory to porn users, but I for one will never hand over any ID data to anyone connected with a servicing porn websites. I suspect that many others will feel the same. If you can’t trust the biggest companies in the business with your data, what hope is there for anyone else.

There’s no word yet on when all this will come into force, but the schedule seems to be 3 months after the BBFC scheme has been approved by Parliament. This approval seems scheduled to be debated in Parliament in early November, eg on 5th November there will be a House of Lords session:

Implementation by the British Board of Film Classification of age-verifications to prevent children accessing pornographic websites 203 Baroness Benjamin Oral questions

So the earliest it could come into force is about mid February.

Read more uk_internet_censors.htm at MelonFarmers.co.uk

elspeth howeElspeth Howe, a member of the House of Lords, has written an article in the Telegraph outlining her case that the remit for the BBFC to censor internet porn sites should be widened to include a wider range of material that she does not like.This seems to tally with other recent news that the CPS is reconsidering its views on what pornographic content should be banned from publication in Britain.

Surely these debates are related to the detailed guidelines to be used by the BBFC when either banning porn sites, or else requiring them to implement strict age verification for users. It probably explains why the Telegraph recently reported that the publication of the final guidelines has been delayed until at least the autumn.


Categories of Porn

For clarity the categories of porn being discussed are as follows:

Current Proposed
offline online offline online
Softcore 18 BBFC uncut BBFC uncut BBFC uncut BBFC uncut
Hardcore R18 BBFC uncut BBFC uncut BBFC uncut BBFC uncut
Beyond R18
(proposal by CPS)
banned BBFC uncut BBFC uncut BBFC uncut
Cartoon Porn
(proposal by Howe))
banned BBFC uncut banned banned
Extreme porn banned banned banned banned
Child porn banned banned banned banned
  • Softcore porn rated 18 under BBFC guidelines

    – Will be allowed subject to strict age verification

  • Vanilla hardcore porn rated R18 under current BBFC guidelines

    – Will be allowed subject to strict age verification

  • Beyond R18 hardcore porn that includes material historically banned by the CPS claiming obscenity, ie fisting, golden showers, BDSM, female ejaculation, and famously from a recent anti censorship campaign, face sitting/breath play. Such material is currently cut from R18s.

    – Such content will be allowed under the current Digital Economy Act for online porn sites
    – This category is currently banned for offline sales in the UK, but the CPS has just opened a public consultation on its proposal to legalise such content, as long as it is consensual. Presumably this is related to the government’s  overarching policy: What’s illegal offline, is illegal online.

  • Extreme Porn as banned from possession in the UK under the Dangerous Pictures Act. This content covers, bestiality, necrophilia, realistic violence likely to result in serious injury, realistic rape

    – This content is illegal to possess in the UK and any websites with such content will be banned by the BBFC regardless of age verification implementation

  • Cartoon Porn depicting under 18s

    – This content is banned from possession in the UK but will be allowed online subject to age verification requirements

  • Photographic child porn

    This is already totally illegal in the UK on all media. Any foreign websites featuring such content are probably already being blocked by ISPs using lists maintained by the IWF. The BBFC will ban anything it spots that may have slipped through the net.


‘What’s illegal offline, is illegal online’

Elspeth Howe writes:

I very much welcome part three of the Digital Economy Act 2017 which requires robust age verification checks to protect children from accessing pornography. The Government deserves congratulations for bringing forward this seminal provision, due to come into effect later this year.

The Government’s achievement, however, has been sadly undermined by amendments that it introduced in the House of Lords, about which there has been precious little public debate. I very much hope that polling that I am placing in the public domain today will facilitate a rethink.

When the Digital Economy Bill was introduced in the Lords, it proposed that legal pornography should be placed behind robust age verification checks. Not surprisingly, no accommodation for either adults or children was made for illegal pornography, which encompasses violent pornography and child sex abuse images.

As the Bill passed through the Lords, however, pressure was put on the Government to allow adults to access violent pornography, after going through age-verification checks, which in other contexts it would be illegal to supply. In the end the Government bowed to this pressure and introduced amendments so that only one category of illegal pornography will not be accessible by adults.

[When  Howe mentions violent pornography she is talking about the Beyond R18 category, not the Extreme Porn category, which will be the one category mentioned that will not be accessible to adults].

The trouble with the idea of banning Beyond R18 pornography is that Britain is out of step with the rest of the world. This category includes content that is ubiquitous in most of the major porn websites in the world. Banning so much content would be simply be impractical. So rather than banning all foreign porn, the government opted to remove the prohibition of Beyond R18 porn from the original bill.

Another category that has not hitherto come to attention is the category of cartoon porn that depicts under 18s. The original law that bans possession of this content seemed most concerned about material that was near photographic, and indeed may have been processed from real photos. However the law is of most relevance in practical terms when it covers comedic Simpsons style porn, or else Japanese anime often featuring youthful, but vaguely drawn cartoon characters in sexual scenes.

Again there would be problems of practicality of banning foreign websites from carry such content. All the major tube sites seems to have a section devoted to Hentai anime porn which edges into the category.

In July 2017, Howe introduced a bill that would put Beyond R18 and Cartoon Porn back into the list of prohibited material in the Digital Economy Act. The bill is titled the Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill and is still open, but further consideration in Parliament has stalled, presumably as the Government itself is currently addressing these issues.

The bill adds in to the list of prohibitions any content that has been refused a BBFC certificate or would be refused a certificate if it were to be submitted. This would catch both the Beyond Porn and Cartoon Porn categories.

The government is very keen on its policy mantra: What’s illegal offline, is illegal online and it seems to have addressed the issue of Beyond 18 material being illegal offline but legal online. The government is proposing to relax its own obscenity rules so that Beyond R18 material will be legalised, (with the proviso that the porn is consensual). The CPS has published a public consultation with this proposal, and it should be ready for implementation after the consultation closes on 17th October 2018.

Interestingly Howe seems to have dropped the call to ban Beyond R18 material in her latest piece, so presumably she has accepted that Beyond R18 material will soon be classifiable by the BBFC, and so not an issue for her bill.
Still to be Addressed

That still leaves the category of Cartoon Porn to be addressed. The current Digital Economy Act renders it illegal offline, but legal online. Perhaps the Government has given Howe the nod to rationalise the situation by making banning the likes of Hentai. Hence Howe is initiating a bit of propaganda to support her bill.  She writes:

The polling that I am putting in the public domain specifically addresses the non-photographic child sex abuse images and is particularly interesting because it gauges the views of MPs whose detailed consideration of the Bill came before the controversial Lords amendments were made.

According to the survey, which was conducted by ComRes on behalf of CARE, a massive 71% of MPs, rising to 76% of female MPs, stated that they did not believe it was right for the Digital Economy Act to make non-photographic child sex abuse images available online to adults after age verification checks. Only 5% of MPs disagreed.

There is an opportunity to address this as part of a review in the next 18 months, but things are too serious to wait .The Government should put matters right now by adopting my very short, but very important two-clause Digital Economy Act (Amendment) (Extreme Pornography) Bill which would restore the effect of the Government’s initial prohibition of this material.

I — along with 71 per cent of MPs — urge the Government to take action to ensure that the UK’s internet does not endorse the sexual exploitation of children.

I haven’t heard of this issue being discussed before and I can’t believe that anybody has much of an opinion on the matter. Presumably therefore, the survey presented out of the blue with the questions being worded in such a way as to get the required response. Not unusual, but surely it shows that someone is making an effort to generate an issue where one didn’t exists before. Perhaps an indication that Howe’s solution is what the authorities have decreed will happen.

Read more uk_internet_censors.htm at MelonFarmers.co.uk

open rights group 2016 logo MPs left behind unfinished business when they broke for summer recess, and we aren’t talking about Brexit negotiations. The rollout of mandatory age verification (AV) technology for adult websites is being held up once again while the Government mulls over final details. AV tech will create highly sensitive databases of the public’s porn watching habits, and Open Rights Groups submitted a report warning the proposed privacy protections are woefully inadequate. The Government’s hesitation could be a sign they are receptive to our concerns, but we expect their final guidance will still treat privacy as an afterthought. MPs need to understand what’s at stake before they are asked to approve AV guidelines after summer.

AV tools will be operated by private companies, but if the technology gets hacked and the personal data of millions of British citizens is breached, the Government will be squarely to blame. By issuing weak guidelines, the Government is begging for a Cambridge Analytica-style data scandal. If this technology fails to protect user privacy, everybody loses. Businesses will be damaged (just look at Facebook), the Government will be embarrassed, and the over 20 million UK residents who view porn could have their private sexual preferences exposed. It’s in everybody’s interest to fix this. The draft guidance lacks even the basic privacy protections required for other digital tools like credit card payments and email services. Meanwhile, major data breaches are rocking international headlines on a regular basis. AV tech needs a dose of common sense.

Read more uk_internet_censors.htm at MelonFarmers.co.uk
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.

Read more uk_internet_censors.htm at MelonFarmers.co.uk

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.

Read more uk_internet_censors.htm at MelonFarmers.co.uk

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.