Children and Families Bill — Report (4th Day) — 28 Jan 2014 at 20:27

Amendment 53ZAAB

Moved by Baroness Howe of Idlicote

53ZAAB: After Clause 73, insert the following new Clause-

“Duty to provide an internet service that protects children

(1) Internet service providers must provide to subscribers an internet access service which excludes adult content unless all the conditions of subsection (3) have been fulfilled.

(2) Where mobile telephone operators provide a telephone service to subscribers which includes an internet access service, they must ensure this service excludes adult content unless all the conditions of subsection (3) have been fulfilled.

(3) The conditions are-

(a) the subscriber “opts-in” to subscribe to a service that includes adult content;

(b) the subscriber is aged 18 or over; and

(c) the provider of the service has an age verification policy which meets the standards set out by OFCOM in subsection (4) and which has been used to confirm that the subscriber is aged 18 or over before a user is able to access adult content.

(4) It shall be the duty of OFCOM to set, and from time to time to review and revise, standards for the-

(a) filtering of adult content in line with the standards set out in section 319 of the Communications Act 2003; and

(b) age verification policies to be used under subsection (3) before a user is able to access adult content.

(5) The standards set out by OFCOM under subsection (4) must be contained in one or more codes.

(6) It shall be the duty of OFCOM to establish procedures for the handling and resolution of complaints in a timely manner about the observance of standards set under subsection (4).

(7) In this section, internet service providers and mobile telephone operators shall at all times be held harmless of any claims or proceedings, whether civil or criminal, providing that at the relevant time, the internet access provider or the mobile telephone operator-

(a) was following the standards and code set out by OFCOM in subsection (4); and

(b) acting in good faith.

(8) In this section-

“adult content” means material which might seriously impair the physical, mental or moral development of persons under the age of eighteen;

“opts-in” means a subscriber notifies the service provider of his or her consent to subscribe to a service that includes adult content.”

Debate in Parliament | Source |