CyberLaw Blog

Archive for the ‘Classification’ Category

Government unbans dirty vids but bans ‘legal highs’: “

Thatcher’s legacy – dirty DVDs for all

Legislation introduced by Margaret Thatcher in 1984, which banned the sale of unclassified videos and computer games, is not actually enforceable because the government of the day never told the European Commission.…

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(Via The Register – Public Sector.)

Government pipedreams on internet ratings doomed to fail: “

Secrecy, police censorship and no appeal are the norm

Proposals by UK Culture Secretary, Andy Burnham, to introduce cinema-style ratings for websites across the globe might benefit from a little more fact-finding and a little less rhetoric. On the other hand, the danger of open-minded research, is that it might just expose New Labour waffle to the harsh realities of how things actually work.…

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(Via The Register – Public Sector.)

Frank Fisher: Freedom of speech on the internet should be protected

Out of context, it would be easy to dismiss culture secretary Andy Burnham’s attack on the ‘dangerous’ internet as just another junior minister grabbing at headlines in a traditionally dead news period. However, set alongside Labour’s existing and proposed limits on free speech online, it signals potentially worrying extensions to these restrictions and, perhaps more significantly, a disturbing attitude that sees censorship as entirely natural and necessary. Burnham talks of ‘harmful’ content – content, harmful? How? Amid all his talk of websites imposing age ratings he also plainly states that ‘There is content that should just not be available to be viewed’.

Not by kids you’ll note, just a big flat no! This isn’t a guy in the pub talking, this is a government minister who says he knows what people should and shouldn’t be allowed to read and see. Well sorry, Andy, while we might discuss the possibility of you deciding that for children, you certainly don’t get to decide that for me. The temptation is simply to brush the arrogance away with an angry wave, and figure nothing will come of it. That would be dangerous.

As we see in Australia, just because a policy is insane, futile, counter-productive and hugely unpopular doesn’t mean it won’t end up being implemented. When Burnham talked of cooperation across the English-speaking world, the Telegraph was a bit lax in failing to raise Australia’s current filtering madness as a discussion point. Nor was Burnham tackled on Labour’s highly controversial criminalisation of ‘extreme pornography’. The anger here and in Australia really should prime the media to question politicians when they suggest censorship is uncontroversial, or that simply passing a law stops it from being ‘censorship’ and turns the gag into something more tolerable. Likewise, when Burnham whines that he can’t let his children access the internet unsupervised, the proper response should be ’so what?’ Either supervise them, install your own filtering software, or let them do as they wish. I limit my children’s access to a white-list I drew up and maintain myself, and it costs nowt. Your own parental failings are not a justification for censoring us, Andy.

Beyond the issue of censorship, the practical problems for an effective system are immense. As an example, is it feasible that every website in the world will adopt a compatible age rating system? Of course not – so any possible filter would work on a white-list basis: approved sites would be passed back to surfers, unrated sites would simply be blocked. Blam, there goes 99% of the web. But let’s assume a slightly brighter system; that in addition to a white-list, internet service providers use smart filtering for unrated sites – as some organisations do today – doing a quick text search to see if banned topics or terms pop up.

Well, how smart is smart? When I first wrote about filtering software more than a decade ago one amusing hiccup present in a couple of commercial programs was a block imposed on scientific sites offering tips on ‘naked eye’ astronomical observations. I talked to a secondary school science teacher earlier this year and his filtered network still blocks him from picking up sites like that. Some progress, eh? In fact, the county-wide filtering his school works through gives access to just 11 white-listed domains. Eleven from a hundred million. I’m sure a national system might push that total. Who knows, the ‘good’ internet might total maybe 3 or 4% of the whole?

Burnham’s supporters will say that compulsion for adults is not an issue – that simply isn’t true. I refer them back to his ‘There is content that should just not be available’ comment. The only solution that will deliver the ’safe’ web for kids is a national white-list adopted by all ISPs. Even a looser system relying on a white-list for under-18s plus the current Cleanfeed model for over-18s will require some kind of authenticated adult login – finally a use for Burnham’s beloved ID cards, eh?

Don’t think that’s far-fetched either – an authenticated login for all internet users was mooted in the European Parliament 10 years ago, and keeps popping back. Similarly in the US influential thinktanks are pushing the idea of a ‘hardened’ internet, secured by, among other things, ‘in-person’ identification at login. When Obama takes office he’ll find this report on his desk. Fancy swiping your ID card past a government-mandated RFID reader to get online?

I’m hoping not, although it’s astonishing how many people seem to want these kinds of controls. The usual cries of ‘paranoia’ will greet this – they’re dwindling though. We now know our internet access is censored using the IWF/Cleanfeed solution – however ineffectual that may be. We also know our government sees free speech online as dangerous – it’s told us so, and promises a new ‘anti-defamation’ consultation paper in the new year to deal with unruly blogs. And we know that certain politically difficult content – and that what’s the beheadings are, Andy, like it or not – is destined for blocking. Finally, we know the supine mainstream media will accept the government line unless forced to challenge it by weight of numbers. And we can also guess that they see the continuing rise of user-generated content as a threat to their own position – and they’re right to think that.

Burnham is no fool – some say Labour simply doesn’t understand the internet, but no, it understand aspects of it only too well. As he says, ‘If you look back at the people who created the internet they talked very deliberately about creating a space that governments couldn’t reach’. Well maybe not those who created it, but certainly those who came soon after. And that really bothers you, doesn’t it, Andy? Tough.

2009 will be the year of the War on t’Internet, folks. Pick a side, and stand by your mouse.

(Via guardian.co.uk Comment is free.)

They must be joking but it is not even April yet! Rating is unworkable and and is an impossible task, the Culture Secretary is almost 10 years behind the “Internet content regulation debate”….

Website age ratings ‘an option’: “Websites could be given film-style age ratings under government plans to protect children from harmful content.”

Film-style age ratings could be applied to websites to protect children from harmful and offensive material, Culture Secretary Andy Burnham has said.

Mr Burnham told the Daily Telegraph the government was looking at a number of possible new internet safeguards.

He said some content, such as clips of beheadings, was unacceptable and new standards of decency were needed.

He also plans to negotiate with the US on drawing up international rules for English language websites.

Mr Burnham, a father of three young children, believes internet-service providers should offer child-friendly web access.

‘Public interest’

“Leaving your child for two hours completely unregulated on the internet is not something you can do,” he told the Telegraph.

“This isn’t about turning back the clock. The internet has been empowering and democratising in many ways, but we haven’t yet got the stakes in the ground to help people navigate their way safely around it.”

He went on to say it was time to review the accessibility of certain content on the internet and insisted he was not trying to curb free speech.

His plans are likely to anger those who advocate the freedom of the worldwide web.

“You can still view content on the internet which I would say is unacceptable. You can view a beheading,” he said.

“This is not a campaign against free speech, far from it, it is simply there is a wider public interest at stake when it involves harm to other people.”

On the issue of giving individual websites film-style classifications, Mr Burnham said: “That would be an option. This is an area that is really now coming into full focus.”

Concerns over children’s safety on the internet have already led to calls from the NSPCC for computer manufacturers and retailers to install security to stop children finding violent or sexual content.

A poll carried out by the children’s charity in October suggested three out of four children had been disturbed by images they had seen on the internet.

In July this year, the Commons culture, media and sport select committee criticised video-sharing website YouTube, saying it needed to do more to vet its content.

At the time, Google, the firm which owns YouTube, stressed the site had strict rules and a system that allowed users to report inappropriate content.

(Via BBC News.)

See further The Daily Telegraph, Internet sites could be given ‘cinema-style age ratings’, Culture Secretary says, 27 December, 2008. See further The Guardian coverage: Culture secretary Andy Burnham wants cinema-style age ratings for websites, 27 December, 2008.

IWF rethinks its role: “

Ministry of Justice misleads on extreme porn

Anger at aborted attempts by net censor, the Internet Watch Foundation (IWF) to block material hosted on Wikipedia earlier this week may lead to radical changes in the way the organisation works – it has already changed the way the organisation is perceived.…

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(Via The Register – Public Sector.)

Age verification, Cross media rating and classification and Social networking: “(Europa)
The European Commission launched a public consultation on Age verification, Cross media rating and classification and Online social networking. Download summary report on social networking (155 KB)and an expert report on age verification solutions and cross media rating and classification, including the results of the public consultation on these topics.”

(Via QuickLinks Update.)

UK minister looks for delete key on user generated content: “

Burnham lets slip UK.gov real view of the net

The UKCCIS is go, with the aim of making the internet safe for kids. But is this the beginning of the end of the internet as we know it, or just a Minister reaching for the inevitable soundbite to round off a PR triumph?…

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(Via The Register – Public Sector.)

Video websites ‘must vet content’: “Online firms including YouTube need to do more to protect children from the ‘dark side’ of the internet, MPs have said.”

(Via BBC News.)

May 21st 2008: BBFC Launches Download Classification Scheme in Partnership with the Home Entertainment Industry

The BBFC’s widely recognised and trusted classification system is moving to the world of downloadable films, programmes and video games. The BBFC has worked closely with the home entertainment industry to develop this voluntary regulatory scheme that will bring the benefits of the DVD classification system to the world of downloads and the internet. Walt Disney Studios Home Entertainment Europe, Warner Bros. and 20th Century Fox have signed up and other key industry players, who have been involved in the development of BBFC.online, are poised to join the scheme.

Launched today, BBFC.online – as the new service is called – has been designed to give consumers the assurance they seek when choosing new media content. The scheme will see the BBFC’s famous ‘black card’, category symbols and Consumer Advice appearing on a wide range of ‘new media’ content, including video-on-demand and streamed video which is offered to the public through websites, set-top boxes and portable media devices.

There is currently little independent classification of downloadable or streaming video content, either on the internet or delivered by video-on-demand services and via set-top-boxes. This is in spite of independent research that indicates that 63 per cent of adults (74 per cent of parents) are concerned about downloading video material which does not come with independent content advice and labelling. In addition, 84 per cent of adults (91 per cent of parents) want to see BBFC film and DVD classification on downloadable/streaming films and other digital audiovisual content.

BBFC.online has been developed over the last 18 months, in close partnership with the video and new media industries and the British Video Association. There are already some 700 videos with ‘online certificates’ and this is likely to rise to about 1000 by the end of the month.

The major studios as well as e-tailers and VoD suppliers, are keen to ensure that online content is accompanied by clear and independent content information and age-restrictions using a system trusted by consumers.

The scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place for parents to monitor and control underage viewing, and the effectiveness of these protocols will be monitored by the BBFC. Major e-tailers and VoD services are poised to join as soon as their services have been updated in accordance with the requirements of the scheme.

Speaking at the launch, David Cooke, Director of the BBFC said:
“We are extremely pleased to have been able to work with the video industry to develop a scheme that will give online consumers the same assurance that our symbols and content information provide for cinema films, DVDs and video games. I am particularly pleased by the support and commitment from the industry for this voluntary scheme. Consumers considering buying into the world of downloads will be able to rely on our familiar symbols and advice, to decide which films or video games are suitable for them and their children. They will also be assured that the film makers and download services in the scheme are keen to ensure their customers get genuine independent information about the digital films or games on offer.”

Culture Minister Margaret Hodge said:
“The introduction of the BBFC system for online film downloads will provide some welcome clarity for consumers, to help them gain greater confidence that their purchases are appropriate before they commit themselves. I hope to see more studios sign up to the scheme.”

Lavinia Carey, Director General of the British Video Association said:
“The online world is still an ‘open frontier’ and the industry is determined to get its own house in order with this new type of business. Our involvement and input into the development of BBFC.online has shown how seriously we take this. We chose to work with the BBFC because of the universal recognition of their system across the UK, and their commitment to supporting both consumers and the industry in making the most of the online world in a safe and recognisable environment.”

Anthony Peet, Managing Director of Walt Disney Studios Home Entertainment commented:
“WDSHE is delighted to show its support for this initiative. We believe it is important to ensure that content in the digital space is as clearly labelled and classified as that of a physical copy. This scheme offers users the reassurance on the legitimacy and appropriateness of the content they would like to enjoy. This is very positive step for the industry.”
Notes to Editors

1. The BBFC.online scheme includes console-style games which are supplied to the customer via download.
2. The research referred to is available on www.bbfc.co.uk entitled Downloading Classification Study February 2007 and was carried out by TNS.
3. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
4. Membership of the Scheme is voluntary and by subscription and there is no cost to consumers.
5. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-held devices and mobile phones).
6. BBFC.online complies with the self regulatory model advocated by ATVOD.

May 21st 2008: BBFC Download Classification Scheme to Include the Adult Industry

The BBFC’s widely recognised and understood classification system is moving to the world of downloadable films and will include the ‘R18’ category which covers explicit sex works. The first adult entertainment company to join the scheme is Strictly Broadband.

Launched today, BBFC.online – as the new service is called – covers the full range of BBFC classifications from ‘U’ through to ‘R18’. The scheme is designed to give consumers the assurance they seek when choosing new media content. This is particularly relevant in the area of sexually explicit adult content as the scheme will provide potential customers with guarantees that the content is legal, consensual and non-violent.

Membership of the scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place to control underage viewing, and the effectiveness of these will be monitored by the BBFC.

Strictly Broadband has been an active partner during the development and testing of the scheme and is the first adult industry company to join. David Cooke, Director of the BBFC said:

“The Video Recordings Act does not cover the world of downloads so adult content that is not on video or DVD is subject to very little regulation. There are all sorts of potential problems associated with the downloading of sexually explicit material including the possible criminalisation of internet users who download extreme violent pornography, which the BBFC refuses to classify. Online material rated ‘R18’ by the BBFC will comply with the same guidelines and laws as apply to R’18’ videos and DVDs sold in licensed sex shops. Companies like Strictly Broadband that sign up to the BBFC.online scheme are sending a clear message to their potential customers that they are acting responsibly to ensure that their product is properly labelled and subject to effective gate-keeping measures. ”

Jerry Barnett, Managing Director of Strictly Broadband said:

“As the UK market leader in internet-streamed adult entertainment, we’re pleased to be founder members of the BBFC Online scheme. It has been difficult in the past for legitimate companies to sell adult video on the internet, as the law is far from clear in this area. We welcome the clarification that the new scheme will bring to the business, which will allow the further development of a strong and legal British adult entertainment industry, and give British consumers the ability to decide whether they are buying legal material or not.”
Notes for Editors

1. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
2. Membership of the Scheme is voluntary and by subscription (£900 per annum) and there is no cost to consumers.
3. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-helds mobile phones).
4. The Criminal Justice and Immigration Act has created a new offence of the possession of ‘extreme violent pornography’ – BBFC classified material is specifically excluded under this definition.