Archive for the ‘BBFC Internet Censor’ Category

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dirty boyz logo gaystarnews.com has published an article outlining the dangers of porn viewers submitting their identity data and browsing history to age verifiers and their websites. The article explains that the dangers for gay porn viewers are even mor pronounced that for straight viewers. The artisle illustrates this with an example:

David Bridle, the publisher of Dirty Boyz , announced in October that last month’s issue of the magazine would be its last. He said:

Following the Conservative government’s decision … to press ahead with new regulations forcing websites which make money from adult content to carry an age verification system … Dirtyboyz and its website dirtyboyz.xxx have made the decision to close.

The new age verification system will be mostly run by large adult content companies which themselves host major “Tube” style porn sites. ‘It would force online readers of Dirtyboyz to publicly declare themselves.

Open Rights Group executive director, Jim Killock, told GSN the privacy of users needs protecting:

The issue with age verification systems is that they need to know it’s you. This means there’s a strong likelihood that it will basically track you and know what you’re watching. And that’s data that could be very harmful to people.

It could cause issues in relationships. Or it could see children outed to their parents. It could mean people are subjected to scams and blackmail if that data falls into criminal hands. Government response

A spokesperson for the Department of Culture, Media and Sport (DCMS) told Gay Star News:

Pornographic websites and age verification services will be subject to the UK’s existing high standard of data protection legislation. The Data Protection Act 2018 provides a comprehensive and modern framework for data protection, with strong sanctions for malpractice and enforced by the Information Commissioner’s Office.

But this is bollox, the likes of Facebook and Google are allowed to sell browsing data for eg targeted advertising within the remit of GDPR. And targeted advertising could be enough in itself to out porn viewers.

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archive org 0274x0300 logo The BBFC has just published a very short list of adjudications responding to website blocking complaints to mobile ISPs during the last quarter of 2018.There are several cases where innocuous websites were erroneously blocked by ISPs for no apparent reason whatsoever and a quick check by a staff member would have sorted out without the need to waste the BBFC’s time. These sites should get compensation from the for grossly negligent and unfair blocking.

The only adjudication of note was that the general archive website archive.org which of course keeps a snapshot of a wide range of websites including some porn.

The BBFC noted that this was the second time that they have taken a look at the site::

The BBFC provided a further adjudication when we viewed the website on 10 October 2018. As in September 2015, we determined that the site was a digital archive which hosted a range of media including video, books and articles. We found a range of pornography across the archive which featured explicit images of sexual activity, in both animated and non-animated contexts. The site also contained repeated uses of very strong language. Additionally, out of copyright film and video material which the BBFC has passed 18 was also present on the site.

As such, we concluded that we would continue to classify the site 18.

It is interesting to note that the BBFC have never been asked to adjudicate about similarly broad websites where it would be totally untenable to come to the same 18 rated but correct conclusion, eg google.com, youtube.com, twitter.com. They would all have to be 18 rated and it would cause untold trouble for everybody. I wonder who decides ‘best not go there’?

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House of Commons logo The House of Commons approved the upcoming internet porn censorship scheme to be implemented by the BBFC from about Easter 2019.The debate was set for 3 sections to approve each of the 3 documents defining the BBFC censorship guidelines. Each was allotted 90 minutes for a detailed debate on how the BBFC would proceed. However following a Brexit debate the debate was curtailed to a single 90 minute session covering all 3 sections.

It didn’t matter much as the debate consisted only of MPs with a feminist agenda saying how the scope of the censorship didn’t go far enough. Even the government spokeswoman leading the debate didn’t understand why the rules didn’t go further in extending sites being censored to social media; and why the range of porn to be banned outright wasn’t more extensive.

Hardly a word said was relevant to the topic of examining the BBFC guidelines.  Issues of practicality, privacy, the endangerment of porn viewers from fraud, outing and blackmail are clearly of no interest to MPs.

The MPs duly nodded their approval of the BBFC regime and so it will soon be announced when the censorship will commence.

The age verification service provider was quick to follow up with a press release extolling the virtues of its porn viewing card approach. Several newspapers obliging published articles using it, eg  See  Porn sites ‘will all require proof of age from April 2019’ — here’s how it’ll work from metro.co.uk

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house of lords red logo The following four motions are expected to be debated together in the House of Lords on 11th December 2018:

Online Pornography (Commercial Basis) Regulations 2018

Lord Ashton of Hyde to move that the draft Regulations laid before the House on 10 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 38th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Guidance on Age-verification Arrangements

Lord Ashton of Hyde to move that the draft Guidance laid before the House on 25 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 39th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Lord Stevenson of Balmacara to move that this House regrets that the draft Online Pornography (Commercial Basis) Regulations 2018 and the draft Guidance on Age-verification Arrangements do not bring into force section 19 of the Digital Economy Act 2017, which would have given the regulator powers to impose a financial penalty on persons who have not complied with their instructions to require that they have in place an age verification system which is fit for purpose and effectively managed so as to ensure that commercial pornographic material online will not normally be accessible by persons under the age of 18.

Guidance on Ancillary Service Providers

Lord Ashton of Hyde to move that the draft Guidance laid before the House on 25 October be approved. Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 39th Report, 4th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

The DCMS and BBFC age verification scheme has been widely panned as fundamentally the law provides no requirement to actually protect people’s identity data that can be coupled with their sexual preferences and sexuality. The scheme only offers voluntary suggestions that age verification services and websites should protect their user’s privacy. But one only has to look to Google, Facebook and Cambridge Analytica to see how worthless mere advice is. GDPR is often quoted but that only requires that user consent is obtained. One will have to simply to the consent to the ‘improved user experience’ tick box to watch the porn, and thereafter the companies can do what the fuck they like with the data.

See criticism of the scheme:

Security expert provides a detailed break down of the privacy and security failures of the age verification scheme

Parliamentary scrutiny committee condemns BBFC Age Verification Guidelines

Parliamentary scrutiny committee condemns as ‘defective’ a DCMS Statutory Instrument excusing Twitter and Google images from age verification.

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house of lords red logo Pornographic Websites: Age Verification – Question

House of Lords on 5th November 2018 .

Baroness Benjamin Liberal Democrat

To ask Her Majesty ‘s Government what will be the commencement date for their plans to ensure that age-verification to prevent children accessing pornographic websites is implemented by the British Board of Film Classification .

Lord Ashton of Hyde The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

My Lords, we are now in the final stages of the process, and we have laid the BBFC ‘s draft guidance and the Online Pornography (Commercial Basis) Regulations before Parliament for approval. We will ensure that there is a sufficient period following parliamentary approval for the public and the industry to prepare for age verification. Once parliamentary proceedings have concluded, we will set a date by which commercial pornography websites will need to be compliant, following an implementation window. We expect that this date will be early in the new year.

Baroness Benjamin

I thank the Minister for his Answer. I cannot wait for that date to happen, but does he share my disgust and horror that social media companies such as Twitter state that their minimum age for membership is 13 yet make no attempt to restrict some of the most gross forms of pornography being exchanged via their platforms? Unfortunately, the Digital Economy Act does not affect these companies because they are not predominantly commercial porn publishers. Does he agree that the BBFC needs to develop mechanisms to evaluate the effectiveness of the legislation for restricting children’s access to pornography via social media sites and put a stop to this unacceptable behaviour?

Lord Ashton of Hyde

My Lords, I agree that there are areas of concern on social media sites. As the noble Baroness rightly says, they are not covered by the Digital Economy Act . We had many hours of discussion about that in this House. However, she will be aware that we are producing an online harms White Paper in the winter in which some of these issues will be considered. If necessary, legislation will be brought forward to address these, and not only these but other harms too. I agree that the BBFC should find out about the effectiveness of the limited amount that age verification can do; it will commission research on that. Also, the Digital Economy Act itself made sure that the Secretary of State must review its effectiveness within 12 to 18 months.

Lord Griffiths of Burry Port Opposition Whip (Lords), Shadow Spokesperson (Digital, Culture, Media and Sport), Shadow Spokesperson (Wales)

My Lords, once again I find this issue raising a dynamic that we became familiar with in the only too recent past. The Government are to be congratulated on getting the Act on to the statute book and, indeed, on taking measures to identify a regulator as well as to indicate that secondary legislation will be brought forward to implement a number of the provisions of the Act. My worry is that, under one section of the Digital Economy Act , financial penalties can be imposed on those who infringe this need; the Government seem to have decided not to bring that provision into force at this time. I believe I can anticipate the Minister ‘s answer but–in view of the little drama we had last week over fixed-odds betting machines–we would not want the Government, having won our applause in this way, to slip back into putting things off or modifying things away from the position that we had all agreed we wanted.

Lord Ashton of Hyde

My Lords, I completely understand where the noble Lord is coming from but what he said is not quite right. The Digital Economy Act included a power that the Government could bring enforcement with financial penalties through a regulator. However, they decided–and this House decided–not to use that for the time being. For the moment, the regulator will act in a different way. But later on, if necessary, the Secretary of State could exercise that power. On timing and FOBTs, we thought carefully–as noble Lords can imagine–before we said that we expect the date will be early in the new year,

Lord Addington Liberal Democrat

My Lords, does the Minister agree that good health and sex education might be a way to counter some of the damaging effects? Can the Government make sure that is in place as soon as possible, so that this strange fantasy world is made slightly more real?

Lord Ashton of Hyde

The noble Lord is of course right that age verification itself is not the only answer. It does not cover every possibility of getting on to a pornography site. However, it is the first attempt of its kind in the world, which is why not only we but many other countries are looking at it. I agree that sex education in schools is very important and I believe it is being brought into the national curriculum already.

The Earl of Erroll Crossbench

Why is there so much wriggle room in section 6 of the guidance from the DCMS to the AV regulator? The ISP blocking probably will not work, because everyone will just get out of it. If we bring this into disrepute then the good guys, who would like to comply, probably will not; they will not be able to do so economically. All that was covered in British Standard PAS 1296, which was developed over three years. It seems to have been totally ignored by the DCMS. You have spent an awful lot of time getting there, but you have not got there.

Lord Ashton of Hyde

One of the reasons this has taken so long is that it is complicated. We in the DCMS , and many others, not least in this House, have spent a long time discussing the best way of achieving this. I am not immediately familiar with exactly what section 6 says, but when the statutory instrument comes before this House–it is an affirmative one to be discussed–I will have the answer ready for the noble Earl.

Lord West of Spithead Labour

My Lords, does the Minister not agree that the possession of a biometric card by the population would make the implementation of things such as this very much easier?

Lord Ashton of Hyde

In some ways it would, but there are problems with people who either do not want to or cannot have biometric cards.

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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.

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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.