Online Pornography (Commercial Basis) Regulations 2019

Last updated

Online Pornography (Commercial Basis) Regulations 2019
Statutory Instrument
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Citation SI 2019/23
Text of the Online Pornography (Commercial Basis) Regulations 2019 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Online Pornography (Commercial Basis) Regulations 2019 is a statutory instrument issued under the powers given by the Digital Economy Act 2017. It defines the criteria to determine which websites would have been required to implement an age verification scheme, [1] as part of the proposed UK Internet age verification system, the implementation of which was eventually abandoned in October 2019. [2]

Contents

Definition

For the purpose of the regulations, a site is defined as making pornographic material available on a commercial basis for the purposes of the Act if:

The government's explanatory notes to the draft regulations laid before Parliament in 2018 note that "the focus of the legislation should be pornographic websites, rather than popular social media platforms on which pornographic material is only a small part of the overall content". [3]

Implementation

The British Board of Film Classification was appointed as the age-verification regulator in 2018. [4]

After numerous false starts, the government abandoned the scheme. On 16 October 2019, the culture secretary Nicky Morgan stated that the government had abandoned the mandate altogether, in favour of replacing it with a forthcoming wider scheme of Internet regulation. [2] [5] [6]

See also

Related Research Articles

The Australian Communications and Media Authority (ACMA) is an Australian government statutory authority within the Communications portfolio. ACMA was formed on 1 July 2005 with the merger of the Australian Broadcasting Authority and the Australian Communications Authority.

<span class="mw-page-title-main">R18 (British Board of Film Classification)</span> BBFC content rating used for hardcore pornographic films

R18 is a film or video classification given by the British Board of Film Classification (BBFC). It is intended to provide a classification for works that do not breach UK law, but exceed what the BBFC considers acceptable in the 18 category. In practice, this means hardcore pornography.

Internet censorship in Australia is enforced by both the country's criminal law as well as voluntarily enacted by internet service providers. The Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a blocklist of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.

<span class="mw-page-title-main">Pornography laws by region</span> Legality of pornography

Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are lawful in many, but by no means in all countries so long as the pornography features performers aged above a certain age, usually 18 years. Further restrictions are often placed on such material.

<span class="mw-page-title-main">Pornography in Europe</span>

Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

An age verification system, also known as an age gate, is any technical system that externally verifies a person's age. These systems are used primarily to restrict access to content classified, either voluntarily or by local laws, as being inappropriate for users under a specific age, such as alcohol, tobacco, gambling, video games with objectionable content, pornography, or to remain in compliance with online privacy laws that regulate the collection of personal information from minors, such as COPPA in the United States.

Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.

In the United Kingdom, pornography is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality. British censorship laws with regard to pornography have often been some of the most restrictive in Western Europe.

<span class="mw-page-title-main">British Board of Film Classification</span> British film classification organisation

British Board of Film Classification is a non-governmental organisation founded by the British film industry in 1912 and responsible for the national classification and censorship of films exhibited at cinemas and video works released on physical media within the United Kingdom. It has a statutory requirement to classify all video works released on VHS, DVD, Blu-ray, and, to a lesser extent, some video games under the Video Recordings Act 1984. The BBFC was also the designated regulator for the UK age-verification scheme, which was abandoned before being implemented.

<span class="mw-page-title-main">Internet pornography</span> Any pornography that is accessible over the Internet

Internet pornography is any pornography that is accessible over the Internet; primarily via websites, FTP connections, peer-to-peer file sharing, or Usenet newsgroups. The greater accessibility of the World Wide Web from the late 1990s led to an incremental growth of Internet pornography, the use of which among adolescents and adults has since become increasingly popular.

In People vs Freeman of 1988, the California Supreme Court stated that adult film production was to be protected as free speech under the First Amendment. They ruled that since such films did not include obscene images and indecency, and stayed within society's standards, the adult film industry should be granted the freedom of speech. Escaping highly regulated government intervention, regulation in the adult film industry has been limited to preventing child pornography. In the United States Code of Regulations, under title Title 18, Section 2257, no performers under the age of 18 are allowed to be employed by adult industry production companies. Failure to abide by this regulation results in civil and criminal prosecutions. To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.

<span class="mw-page-title-main">Aylo</span> Internet pornography company

Aylo is an adult entertainment conglomerate owned by Canadian private equity firm Ethical Capital Partners. It is primarily involved in internet pornography, operating a number of video sharing websites, and pornographic film studios such as Brazzers, Digital Playground, Men.com, Reality Kings, Sean Cody, and WhyNotBi.com, among others. Aylo's headquarters are located in Montreal, Quebec, Canada, but the company's corporate structure is divided among entities domiciled in a number of other countries.

The Authority for Television on Demand (ATVOD) was an industry body designated by Ofcom as the "co-regulator" of television on demand (VOD) in the UK from 2010 until 2015. ATVOD was founded following a European Union directive on the regulation of audiovisual media. It was responsible for regulating on-demand services such as ITV Player and Channel 4's All 4, as well as paid-for content on websites which were deemed to be "tv-like". ATVOD's role with regard to VOD ended on 31 December 2015, when the function was taken over by Ofcom directly.

<span class="mw-page-title-main">Pornography in Asia</span>

Pornography in Asia is pornography created in Asia, watched in Asia, or consumed or displayed in other parts of the world as one or more genres of Asian porn.

The precise number of websites blocked in the United Kingdom is unknown. Blocking techniques vary from one Internet service provider (ISP) to another with some sites or specific URLs blocked by some ISPs and not others. Websites and services are blocked using a combination of data feeds from private content-control technology companies, government agencies, NGOs, court orders in conjunction with the service administrators who may or may not have the power to unblock, additionally block, appeal or recategorise blocked content.

xHamster is a pornographic media and social networking site headquartered in Limassol, Cyprus. xHamster serves user-submitted pornographic videos, webcam models, pornographic photographs, and erotic literature and incorporates social networking features. xHamster was founded in 2007. With more than 10 million members, it is the fourth-most popular pornography website on the Internet after XVideos, XNXX and Pornhub. As of July 2020, xHamster was the 20th-most trafficked website in the world.

<span class="mw-page-title-main">Audiovisual Media Services Regulations 2014</span> United Kingdom legislation

The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014, these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

<span class="mw-page-title-main">Digital Economy Act 2017</span> United Kingdom law

The Digital Economy Act 2017 is an Act of the Parliament of the United Kingdom. It is substantially different from, and shorter than, the Digital Economy Act 2010, whose provisions largely ended up not being passed into law. The act addresses policy issues related to electronic communications infrastructure and services, and updates the conditions for and sentencing of criminal copyright infringement. It was introduced to Parliament by culture secretary John Whittingdale on 5 July 2016. Whittingdale was replaced as culture secretary by Karen Bradley on 14 July 2016. The act received Royal Assent on 27 April 2017.

With the passing of the Digital Economy Act 2017, the United Kingdom became the first country to pass a law containing a legal mandate on the provision of an Internet age verification system. Under the act, websites that published pornography on a commercial basis would have been required to implement a "robust" age verification system to prevent minors from accessing their sites. The regulator would have been empowered to fine those who fail to comply up to £250,000, to order the blocking of non-compliant websites, and to require those providing financial or advertising services to non-compliant websites to cease doing so.

<span class="mw-page-title-main">Online Safety Act 2023</span> United Kingdom legislation

The Online Safety Act 2023 is an act of the Parliament of the United Kingdom to control online speech and media. It passed on 26 October 2023 and gives the relevant Secretary of State the power, subject to parliamentary approval, to designate and suppress or record a wide range of speech and media deemed "harmful".

References

  1. Burgess, Matt (15 March 2019). "This is how age verification will work under the UK's porn law". Wired UK. ISSN   1357-0978 . Retrieved 20 March 2019.
  2. 1 2 Waterson, Jim (16 October 2019). "UK drops plans for online pornography age verification system". The Guardian. ISSN   0261-3077 . Retrieved 16 October 2019.
  3. "Explanatory Memorandum to the Online Pornography (Commercial Basis) Regulations 2018" (PDF). gov.uk. 2018.
  4. Hill, Rebecca (17 October 2018). "UK.gov to press ahead with online smut checks (but expects £10m in legals in year 1)". www.theregister.co.uk. Retrieved 21 March 2019.
  5. "UK's controversial 'porn blocker' plan dropped". BBC News. 16 October 2019. Retrieved 16 October 2019.
  6. "Written statements". UK Parliament. Archived from the original on 16 October 2019. Retrieved 16 October 2019.