UK & Australia moving forward with age verification legislation

Both the UK and Australian Governments are advancing their agendas to ensure that adult content sites ensure their users are 18 years old or over.

In the UK, the planned Online Safety Bill will be expanded to legally require “robust checks” are made by websites. Chris Philp, the digital minister, said “We are now strengthening the online safety bill so it applies to all porn sites to ensure we achieve our aim of making the internet a safer place for children.” Under the plans, the UK’s Ofcom will be able fine sites up to 10 per cent of their annual worldwide turnover or can block them from being accessible in the UK if they fail to act. The legislation had initially only targeted commercial porn sites that allow user-generated content, now all commercial porn sites are to be included within the scope of the proposed new rules. Age verification should be a implemented on any website displaying pornographic content and the sites should not process or store data that is irrelevant to the purpose of checking age.

Australia’s eSafety Commissioner, Julie Inman Grant, intends to present the roadmap to the federal government by the end of the year that outlines that age verification trials are now under way in Australia for online gambling and alcohol sales, and are projected to be expanded to include online pornography as the federal government looks to restrict sexually explicit content on the internet from underage children.

UK considering to revive age verification scheme for online adult content

A U.K. parliamentary committee, chaired by Damian Collins MP, commented that “A lack of regulation online has left too many people vulnerable to abuse, fraud, violence and in some cases even loss of life,” he claimed. His U.K. parliamentary committee has spent six months analyzing the government’s proposals for “online safety” reforms.

At the beginning of December 2021, the UK Government commented in The Times newspaper that it is ready to revive an age verification scheme for online adult content — a plan previously shelved in favor of the pending Online Safety Bill.

The Times was told that an age verification plan was now “being looked on with approval by Nadine Dorries, the culture secretary, and Nadhim Zahawi, the education secretary.”

“Their support follows work by Dame Rachel de Souza, the Children’s Commissioner, who has sent a report to ministers recommending that age verification become compulsory on all porn sites,” The Times added.

According to tech news site TechCrunch, the committee’s report endorsed the government’s push “to go beyond industry self-regulation by enforcing compliance with a set of rules intended to hold tech giants accountable for the content they spread and monetize — including via a series of codes of practice and with the media regulator, Ofcom, given a new major oversight and enforcement role over Internet content.”

“The era of self-regulation for big tech has come to an end,” committee chair Damian Collins declared.

AgeGO offers an age verification solution for adult websites that respects all privacy laws for individuals, it is easy to implement and offers several verification methods including passport, driving licence, mobile phone and credit card. Contact us for more information.

AgeGO Wins Best Age Verification Technology Solutions Award (Western Europe)

18 May 2021, Dublin, Ireland. AgeGo has been awarded Best Age Verification Technology Solutions (Western Europe) by the 2021 Irish Enterprise Awards. Created by EU Business News, the Irish Enterprise Awards are now in their fourth year and showcase exemplary Irish businesses.

A company representative Fonzé commented, “We are very proud to have been selected for this award. Since launching AgeGO two years ago, we have continually improved our technology to create the most comprehensive age verification solution on the market today. Our age verification methods lead the industry and our technology is able to verify a user’s age anonymously while staying fully GDPR compliant because no personal data is stored.”

Awards Coordinator Katherine Benton commented: “Congratulations to AgeGO. It is with great pride that we showcase the best of the best from across the entirety of Ireland carrying out business within the EU.”

AgeGO and all the winners in the various Irish Enterprise Awards categories can be viewed at EU Business News.

French regulators push adult sites to implement age verification

Teenagers in France on mobile phones

In early March 2021, France’s media regulatory agency, the Conseil Supérieur de l’Audiovisuel (CSA) wrote to several large traffic volume adult content websites asking that they implement an age verification system by 16 March. Letters were sent to Pornhub.com, xHamster.com, XVideos.com, XNXX.com, Tukif.com, JacquieEtMichel.net, JacquieEtMicheltv.net and JacquieEtMicheltv2.net.

With the deadline now passed and if nothing is done after a fifteen day period, then the president of the CSA can call the President of the Judicial Tribunal of Paris to issue a judicial order to the companies telling them to ‘put an end to the access to this service.’ The offending individual risks three years imprisonment and a fine of €75,000, with the fine amount being multiplied by five to €375,000 for companies.

French legal experts also mentioned an intermediate step before total shutdown: having the CSA and a judge ask search engines to “dereference” or “deprioritize” the seven websites so they no longer show in search results.

The push has come about following an initiative by President Emmanuel Macron’s government regarding an amendment to Article 23 after France’s parliament passed a law last year against domestic violence that includes provisions obliging pornographic websites to install age verification, without specifying what technical means they should take. The law also gives the President of the CSA the power to send a formal notice to any company or person whose online activity allows minors to have access to pornographic content. 

Despite the passed deadline the sites appear to still be active in France. It is unclear at this point if the judicial authorities have been contacted by the CSA to report the apparent non-compliance. The sites in question are posting notices on their homepages trying to inform the public of the French government’s threats.

AgeGO offers an age verification solution for adult websites that respects all privacy laws for individuals, it is easy to implement and offers several verification methods including passport, driving licence, mobile phone and credit card. Contact us for more information.

 

UK Government plans Online Safety Bill for 2021

age verification

The UK Government outlined its plans to introduce new rules for tech firms in its Online Harms White Paper, to make the UK a safer place to be online. The safety of children is at the heart of the measures.

The new regulations will apply to any company in the world hosting user-generated content online that is accessible by people in the UK or enabling them to privately or publicly interact with others online.

All companies will need to take appropriate steps to address illegal content and activity such as terrorism and child sexual abuse. They will also be required to assess the likelihood of children accessing their services and, if so, provide additional protections for them. This could be by using age verification solutions to ensure children are not accessing platforms which are not suitable for them.

The scope includes social media, video sharing and instant messaging platforms, online forums, dating apps, commercial pornography websites, as well as online marketplaces, peer-to-peer services, consumer cloud storage sites and video games which allow online interaction. Search engines will also be subject to the new regulations. 

Tech platforms will need to do far more to protect children from being exposed to harmful content or activity such as grooming, bullying and pornography. The white paper divides online platforms into two categories:

  • Category 1 services include companies with the largest online presences and high-risk features: Facebook, TikTok, Instagram and Twitter. These companies will need to assess the risk of legal content or activity on their services with “a reasonably foreseeable risk of causing significant physical or psychological harm to adults”. They will then need to make clear what type of “legal but harmful” content is acceptable on their platforms in their terms and conditions and enforce this transparently and consistently.  All companies will need mechanisms so people can easily report harmful content or activity while also being able to appeal the takedown of content. Category 1 companies will be required to publish transparency reports about the steps they are taking to tackle online harms.
  • Category 2 services are platforms which host dating services or pornography and private messaging apps. Less than three per cent of UK businesses will fall within the scope of the legislation and the vast majority of companies will be Category 2 services.  

Ofcom is now confirmed as the regulator with the power to fine companies who fail in their duty of care. Fines will be up to £18 million or ten percent of annual global turnover, whichever is higher. It will have the power to block non-compliant services from being accessed in the UK and the government will reserve the power for senior managers to be held liable.

As well as ensuring that online businesses comply with the new laws proposed by the UK, AgeGO recommends that commercial pornography sites and adult dating platforms should begin using some kind of age verification solution to ensure users of their platforms are 18 years or over. This acts as an additional safety measure to not only to stop underage users from accessing adult content, but also ensuring compliance for their businesses. 

French Parliament Agrees to Age Verification Requirement

The French Parliament unanimously agreed in July 2020 to introduce an Age Verification (AV) requirement aimed at preventing minors from accessing pornographic websites.

France’s president, Emmanuel Macron, had made a commitment months ago to implement such a system.

According to news site Politico, Macron made the protection of children against adult content online a high-profile issue well before the coronavirus crisis hit. In January, tech companies, internet service providers and the adult movie industry signed a voluntary charter, pledging to roll out tools to help ensure minors don’t have access to pornographic content. The new French law, gives sites discretion to decide how to perform age verification. Requiring users to enter a credit card number seems to be one of the most popular options, the news site reported.

In order to enforce the law, the French audiovisual regulator CSA will be granted new powers to audit and sanction companies that do not comply, sanctions could go as far as blocking access to the websites in France with a court order, if the site does not comply within 15 days after a first warning from the audiovisual regulator CSA, the regulator will be able to ask the Paris Court of Justice to send an order to telecom operators to block the access to these sites from France.

Australia moves one step further to introducing online age verification

The Australian parliamentary committee has compiled a report that recommends creating an “e-safety commissioner” in order to develop a procedure for mandatory age verification (AV) within the next 12 months, making it mandatory for Australian citizens to submit to an identity verification service run by the federal government.

The report, entitled ‘Protecting the Age of Innocence,’ was issued by the House of Representatives Standing Committee on Social Policy and Legal Affairs in Canberra.

According to sources Australia’s AV procedure would involve minimal retention of personal information, so as to not create a honeypot of sensitive data and the retained data must be stored securely, but the committee did not recommend using a facial recognition service under development.

Additionally, the committee recommended that more regulation could be considered to capture social media sites, and did not rule out potentially bringing back mandatory internet filtering

Committee members acknowledged the U.K.’s stalled efforts at AV and called for a further review of the issue, observing the public may not trust a system that could potentially increase risks and have unintended consequences around data security and privacy.

View a PDF of the parliamentary committee report here.

German parents want a good age verification system to protect children online

Germany is looking at safeguarding children who are viewing online content and social media, which could also include age verification to protect them from online pornography. 

A recent survey published by Germany’s children’s rights organization Kinderhilfswerk (DHKW) states that that are not enough safeguards for children on social media, video and games portals, with 55% of parents saying that their children had been hurt by ‘excessive’ consumption, mobbing, violence and pornography.

93% of parents want harsher penalties for domestic and foreign platforms under Germany’s child protection laws and 97% said that a good system of age verification was important in the choice of social media services, online content and games for their children. 88% said they scanned for age suitability for films, apps, games and streaming services, when overseeing their children’s digital consumption usage.

Only 37% said that they knew who to consult about negative experiences and only 66% were inclined to consult prosecutory services, notably the police.

Late last year, Federal Family Minister Franziska Giffey submitted a draft “juvenile media protection” bill. Katja Mast, deputy leader of the SPD parliamentary party, told the German news agency DPA that such a modernization was agreed within the coalition Government. Giffey’s bill will be submitted to a Bundestag parliamentary debate before Summer 2020.

DHKW president Thomas Krüger, commented, “We need a comprehensive system of child and juvenile media protection orientated around the real usage behaviors of children and teenagers. Providers of messenger services and video platforms are insufficient.”

The UK Government announces new draft plans for age verification

On 16 October 2019, the UK Government announced that age verification for adult websites is being absorbed into a wider Online Harms Policy. This will be included in a new Government bill and as a consequence the Digital Economy Act 2017 concerning age verification will not be enforced for the time being.

The reason for this change is because the UK Government wants to deliver a more fully encompassing way to protect children online. As currently drafted, the Digital Economy Act does not cover social media platforms. The new draft for the Online Harms Bill is due for publication in late Spring 2020.

Nicky Morgan, Secretary of State for the Department for Digital, Culture, Media and Sport, released this statement:

“Protecting children is at the heart of our online harms agenda, and is key to wider government priorities. Going online can be beneficial for children, who use the internet for connecting with peers, to access educational resources and for entertainment. However, the government is concerned about the prevalence of adult content online, which is easily accessible to children, and believes it is vital that children are protected from accessing inappropriate, harmful content.

The government published the Online Harms White Paper in April this year. It proposed the establishment of a duty of care on companies to improve online safety, overseen by an independent regulator with strong enforcement powers to deal with non-compliance. Since the White Paper’s publication, the government’s proposals have continued to develop at pace. The government announced as part of the Queen’s Speech that we will publish draft legislation for pre-legislative scrutiny. It is important that our policy aims and our overall policy on protecting children from online harms are developed coherently in view of these developments with the aim of bringing forward the most comprehensive approach possible to protecting children.

The government has concluded that this objective of coherence will be best achieved through our wider online harms proposals and, as a consequence, will not be commencing Part 3 of the Digital Economy Act 2017 concerning age verification for online pornography. The Digital Economy Act objectives will therefore be delivered through our proposed online harms regulatory regime. This course of action will give the regulator discretion on the most effective means for companies to meet their duty of care. As currently drafted, the Digital Economy Act does not cover social media platforms.

The government’s commitment to protecting children online is unwavering. Adult content is too easily accessed online and more needs to be done to protect children from harm. We want to deliver the most comprehensive approach to keeping children safe online and recognised in the Online Harms White Paper the role that technology can play in keeping all users, particularly children, safe. We are committed to the UK becoming a world-leader in the development of online safety technology and to ensure companies of all sizes have access to, and adopt, innovative solutions to improve the safety of their users. This includes age verification tools and we expect them to continue to play a key role in protecting children online.”

Age Verification is once again delayed in the UK as it morphs into something much more comprehensive. AgeGO’s technology continues to provide age verification for online businesses and is currently expanding its offering for other verticals outside of adult including gambling, tobacco, vaping, weapons, knives, chemicals, fireworks, etc. Additionally, several countries are also interested in instigating online age verification for adult content and AgeGO is investigating new potential markets in Spain, Poland, Ireland, Australia and South Africa.

  

Research commissioned by the BBFC shows children and teens are stumbling across pornography from an early age

New research commissioned by the British Board of Film Classification (BBFC.)  The report revealed that children and teenagers are watching and stumbling across pornography from an early age – in some cases as young as seven or eight.

As the designated Age-verification Regulator, and in preparation for entry into force, the BBFC has commissioned this benchmarking research to report back to parliament on the effectiveness of this new regime.

2,344 parents and young people participated in the research, which was carried out by Revealing Reality. In the online survey, more than half (51%) of 11 to 13 year olds reported that they had seen pornography at some point, rising to 66% of 14-15 year olds.

The majority of young people’s first time watching pornography was accidental, with 62% of 11-13 year olds who had seen pornography reporting that they stumbled across it unintentionally. Children described feeling “grossed out” and “confused”, particularly those who had seen pornography when they were under the age of 10.

The report also demonstrated a discrepancy between parents’ views and what children were actually experiencing. Three quarters (75%) of parents felt that their child would not have seen pornography online. But of their children, more than half (53%) said they had in fact seen it.

David Austin, Chief Executive of the BBFC, said: “Pornography is currently one click away for children of all ages in the UK, and this research supports the growing body of evidence that it is affecting the way young people understand healthy relationships, sex, body image and consent. The research also shows that when young children — in some cases as young as seven or eight years old — first see pornography online, it is most commonly not on purpose.”

Most children and parents interviewed believed that age-verification would prevent children from accidentally seeing pornography at a young age, and would potentially delay the age at which they are exposed to it.

83% of parents surveyed agreed that there should be age-verification controls in place for online porn. The research also showed that young people want age-verification – 47% of children felt age-verification was a good idea, with 11-13 year olds more in favour than older teenagers.

David Austin added: “It’s very encouraging to see that there is so much public support for age verification. We know that age-verification is not a ‘silver bullet’, nor should it be seen in isolation, but alongside other measures, such as education. However, age-verification significantly reduces the risk of young children stumbling across online pornography by accident as they do today. The research findings today have shown that parents and importantly, young people and children, want and need there to be stronger controls in place. ”

The report also looked into the effects of pornography on young people. 41% of young people who knew about pornography agreed that watching it made people less respectful of the opposite sex. Girls in particular spoke of their fear that aggressive depictions of sex would be seen as ‘normal’ by young male viewers of pornography, and accordingly copied in real-life sexual encounters.

The UK Government has appointed the BBFC as the Age-verification Regulator because of our long and proven experience in classifying films, videos, websites and more, and our knowledge of online regulation. The BBFC continues to work with Government to make the UK the safest place for children to be online.

The introduction of age-verification in the UK was delayed from 15 July 2019 to allow notification of the BBFC’s Guidance on Age-verification Arrangements to the European Commission under the Technical Standards and Regulations Directive. Once the standstill period under the EU TSRD is complete, the Guidance will be laid in Parliament, before entry into force.

Visti the BBFCs website for more information.