The British regulator strikes hard to protect minors from online pornography

2023-12-06 09:46:57

Published on Dec 6 2023 at 10:46

This is the result of long and intense debates in the United Kingdom to protect minors on the internet. Two months following the adoption of a law on online safety (“Online Safety Bill”) in parliament, the British regulator, Ofcom, launched consultations on the modalities of application of this text, equivalent of “ European Digital Services Act.

The British law has the same ambition as the European directive, recently transposed in France into the “Barrot law”: it involves making platforms responsible for their content. But the regulator in the United Kingdom is ready to go far in its requirements imposed on operators. In a document published on Tuesday, Ofcom specified the means that pornographic sites will have to deploy to verify the age of users. This includes verification by bank card, by the mobile operator, by an identity document, or by facial age recognition.

“Effective methods”

“As age assurance technologies are likely to evolve and improve in the future, our recommendations include a non-exhaustive list of methods that would be considered very effective,” explains Ofcom. Other means, such as declaring your age yourself, paying with a bank card accessible to those under 18, or validating general conditions of use, will not be accepted by the regulator.

These obligations aim to better protect minors, exposed to pornography at an increasingly young age. According to the Children’s Commissioner in England, the public agency responsible for protecting and promoting children’s rights, the average age at which children first access pornographic material is 13 years old. Nearly 27% of young people under the age of 11 have been exposed to it, and even one in ten children aged 9 or under.

“Pornography is too easily accessible to children online and new online safety laws make it clear that this must change,” said Ofcom boss Melanie Dawes.

Fines up to 10% of turnover

As a reminder, British legislation provides for heavy sanctions once morest platforms, such as fines of up to 10% of turnover, a ban on operating in the United Kingdom or a criminal conviction for managers. After a consultation period, these obligations are expected to come into force in 2025.

The tightening of the screw imposed on pornographic sites is, however, debated among privacy defenders, who are concerned regarding data security. “Ofcom’s recommendations pose a serious risk to everyone’s privacy and security,” responded the Open Rights Group, a citizen organization in favor of privacy rights.

According to her, age verification techniques create risks of user data leaks, which might then open the way to “blackmail, fraud, damage to relationships, formalization of people’s sexual preferences in circumstances of vulnerability.

In its consultation document, Ofcom took the lead in addressing these criticisms. All age verification methods will be “subject to British privacy laws”, assures the regulator.

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