WIKIAge verification - website blocking amendments
Amendments proposed by Claire Perry
New clause 8—Duty to provide a service that excludes adult-only content
“(1) This section applies to internet service providers who supply an internet access service to subscribers.
(2) For the purposes of subsection (1), “subscribers” includes—
- (a) domestic subscribers;
- (b) schools; and
- (c) organisations that allow a person to use an internet access service in a public place.
For the purposes of the conditions in subsections (3) and (4), if the subscriber is a school or organisation a responsible person within the school or organisation shall be regarded as the subscriber.
(3) A provider to whom subsection (1) applies must provide to subscribers an internet access service which excludes adult-only content unless all of the conditions listed in subsection (4) have been fulfilled.
(4) The conditions are—
- (a) the subscriber “opts in” to subscribe to a service that includes online adult-only content;
- (b) the subscriber is aged 18 or over; and
- (c) the provider of the service has an age verification scheme 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-only content.
(5) 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;
- (b) age verification policies to be used under subsection (4) before an user is able to access adult content; and
- (c) filtering of content by age or subject category by providers of internet access services.
(6) The standards set out by OFCOM under subsection (5) must be contained in one of more codes.
(7) 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.
(8) After publishing the draft code and before setting the standards, OFCOM must consult relevant persons and organisations.
(9) 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 (5), including complaints about incorrect filtering of content.
(10) OFCOM may designate any body corporate to carry out its duties under this section in whole or in part.
(11) OFCOM may not designate a body under subsection (10) 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.
(12) It shall be a defence to any claims, whether civil or criminal, for a provider to whom subsection (1) applies to prove that at the relevant time they were—
- (a) following the standards and code set out in subsection (5),; and
- (b) acting in good faith.
(13) Nothing in this section prevents any providers to whom subsection (1) applies from providing additional levels of filtering of content.
(14) In this section—
“adult-only content” means material that contains offensive and harmful material from which persons under the age of 18 are protected;
“age verification scheme” is a scheme to establish the age of the subscriber;
“internet access service” and “internet service provider” have the same meaning as in section 124N of the Communications Act 2003 (interpretation);
“material from which persons under the age of 18 are protected” means material specified in the OFCOM standards under section 2;
“OFCOM” has the same meaning as in Part 1 of the Communications Act 2003;
“offensive and harmful material” has the same meaning as in section 3 of the Communications Act 2003 (general duties of OFCOM); and
“subscriber” means a person who receives the service under an agreement between the person and the provider of the service.”.
This new clause places a statutory requirement on internet service providers to limit access to adult content by persons under 18. It would give Ofcom a role in determining the age verification scheme and how material should be filtered. It would ensure that ISPs were able to continue providing family friendly filtering once the net neutrality rules come into force in December 2016.
New clause 6—Requirement to cease services to non-complying persons
‘(1) Where the age-verification regulator has given notice to a payment-services provider or ancillary service provider under section 22(1), the payment-services provider or ancillary service provider must cease the service provided to the person making pornographic material available in the United Kingdom.
(2) A payment-services provider or ancillary service provider who fails to comply with a requirement imposed by subsection (1) commits an offence, subject to subsection (3).
(3) No offence is committed under subsection (2) if the payment-services provider or ancillary service provider took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.
(4) A payment-services provider or ancillary service provider guilty of an offence under subsection (2) is liable, on summary conviction, to a fine.
(5) In this section “payment-services provider” and “ancillary service provider” have the same meaning as in section 22.”
This new clause requires payment and ancillary services to block payments or cease services made to pornography websites that do not offer age-verification if they have received a notice of non-compliance under section 22(1). This provision would only apply to websites outside of the UK. This would enhance the enforcement mechanisms that are available under the Bill.
New clause 1 - Power to require the blocking of access to pornographic material by internet service providers
(1) Where the age-verification regulator determines that a person has made pornographic material available on a commercial basis on the internet to persons in the United Kingdom—
- (a) in contravention of section 15(1), and
- (b) the person has been the subject of a financial penalty or enforcement notice under section 20 and the contravention has not ceased,
the age-verification regulator may issue a notice to internet service providers requiring them to prevent access to the pornographic material that is provided by the non-complying person.
(2) A notice under subsection (1) must—
- (a) identify the non-complying person in such manner as the age verification regulator considers appropriate;
- (b) provide such further particulars as the age-verification regulator considers appropriate.
(3) When the age-verification regulator gives notice under this section, it must inform the non-complying person, by notice, that it has done so.
(4) An internet service provider who fails to comply with a requirement imposed by subsection (1) commits an offence, subject to subsection (5).
(5) No offence is committed under subsection (4) if the internet service provider took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.
(6) An internet service provider guilty of an offence under subsection (4) is liable, on summary conviction, to a fine.
(7) In this section “internet service provider” has the same meaning as in section 124N of the Communications Act 2003 (interpretation).”
This new clause gives a power to the age-verification regulator to require internet service providers to block pornography websites that do not offer age-verification.
http://www.publications.parliament.uk/pa/bills/cbill/2016-2017/0087/amend/digital_rm_rep_1101.pdf
Other amendments relating to website blocking
Clause 15, page 18, line 24, at end insert “or an internet service provider”
Member’s explanatory statement
This amendment and amendment 67 ensure that the requirement to implement age verification does not fall on ISPs but commercial sites or applications offering pornographic material; and defines internet service providers.
Clause 22, page 23, line 29, leave out “may” and insert “must”
Member’s explanatory statement
This amendment places a requirement on the age-verification regulator to give notice to payment or ancillary service providers that a person has contravened clause 15(1) or is making prohibited material available on the internet to persons in the United Kingdom.
Clause 22, page 24, line 23, at end insert “or
(c) an internet service provider.”
Member’s explanatory statement
This amendment and amendment 78 ensure that the definition of an ancillary service provider would include ISPs; and defines internet service providers.
Labour amendments relating to website blocking
New clause 11—Power to make regulations about blocking injunctions preventing access to locations on the internet
“(1) The Secretary of State may by regulations make provision about the granting by a court of a blocking injunction in respect of a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that is contravening, or has contravened, section 15(1) of this Act.
(2) “Blocking injunction” means an injunction that requires an internet service provider to prevent its service being used to gain access to a location on the internet.
(3) Regulations introduced under subsection (1) above may, in particular—
- (a) make provision about the type of locations against which a blocking injunction should be granted;
- (b) make provision about the circumstances in which an application can be made for a blocking injunction;
- (c) outline the type of circumstances in which the court will grant a blocking injunction;
- (d) specify the type of evidence, and other factors, which the court must take into account in determining whether or not to grant a blocking injunction;
- (e) make provision about the notice, and type of notice, including the form and means, by which a person must receive notice of an application for a blocking injunction made against them; and
- (f) make provision about any other such matters as the Secretary of State considers are necessary in relation to the granting of a blocking injunction by the court.
(4) Regulations under this subsection must be made by statutory instrument.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this Part— “Internet service provider” has the same meaning as in section 16 of the Digital Economy Act 2010. In the application of this Part to Scotland “injunction” means interdict.”.
This new Clause empowers the Secretary of State to introduce regulations in relation to the granting of a backstop blocking injunction by a court. The injunction would require an internet service provider to prevent access to a site or sites which do not comply with the age-verification requirements. This would only be used where the other enforcement powers (principally fines) had not been effective in ensuring that sites put in place effective age-verification.
Other amendments relating to website blocking
Clause 22, page 24, line 23, at end insert—
“(6A) In this section an “ancillary service provider” includes, but is not limited to, domain name registrars, social media platforms, internet service providers, and search engines.”
Clause 22, page 23, line 29, leave out “or ancillary service provider” and insert “ancillary service provider, or internet service provider.”.