2016/0640/UK
EC/EFTA
GB Royaume-Uni
  • SERV60 - Services liés à Internet
2017-03-07
2016-12-13

Persons making pornographic material available on the internet on a commercial basis to persons in the UK (including on-demand audiovisual media services).

Internet service providers (defined in clause 26 as meaning a provider of an internet access service within the meaning given in Article 2 of Regulation (EU) 2015/2120).

The UK believes the measures provided for are consistent with the Audiovisual Media Services Directive (AVMSD) and e-Commerce Directive (eCD).

Digital Economy Bill 2016 - Online Pornography

1. Part 3 of the Digital Economy Bill introduces a new requirement that commercial providers of online pornography must have in place age verification checks to ensure that those accessing pornographic material are 18 years old or over. Where these providers are based in the EU, the procedures set out in the AVMSD and eCD will apply.

“Pornographic material” is defined in clause 16 and covers:

(a) material that the British Board of Film Classification (BBFC) has issued a R18 classification certificate in respect of (or any material that would have been issued such a certificate) and

(b) material whose nature is such that it is reasonable to assume that it was produced solely or principally for the purpose of sexual arousal and that the BBFC has issued an 18 classification certificate in respect of (or is material that would have been issued such a certificate) (“18 sex works”).

2. Part 3 of the Bill also includes a requirement that internet service providers (defined in clause 26) must comply with a notice from the age-verification regulator directing internet service providers to block access to material.

3. Clause 80 of the Bill (On-demand programme services: specially restricted material) amends Part 4A of the Communications Act 2003. Part 4A (inserted by the Audiovisual Media Services Regulations 2009 and 2010 and amended by the Audiovisual Media Services Regulations 2014) transpose the requirements of Directive 2010/13/EU in relation to on-demand programme services. The Audiovisual Media Services Regulations 2014 were notified as a technical standard – Notification No. 2014/318/UK.

Section 368E makes provision about harmful material. In particular, section 368E(4) provides that an on-demand programme service must not contain any specially restricted material unless the material is made available in a manner which secures that person under the age of 18 will not normally see or hear it. “Specially restricted material” is defined in section 368E(5). Clause 80 amends this definition so that it also includes material whose nature is such that it is reasonable to assume that its principal purpose is to cause sexual arousal and that the BBFC has issued an 18 classification certificate in respect of (or is material that would have been issued such a certificate) (“18 sex works”).