British Board of Film Classification

Quick search of releases

Advanced search

DEA Consultation: This Consultation closed at 00.01AM on Tuesday 24 April 2018

Consultation on draft Guidance on Age-Verification Arrangements and draft Guidance on Ancillary Service Providers

Under section 14(1) of the Digital Economy Act 2017, all providers of online commercial pornographic services accessible from the UK will be required to carry age-verification controls to ensure that their content is not normally accessible to children.

This legislation is an important step in making the internet a safer place for children.

The BBFC was designated as the age-verification regulator under Part 3 of the Digital Economy Act 2017 on 21 February 2018. 

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish two sets of Guidance: Guidance on Age-verification Arrangements and Guidance on Ancillary Service Providers.

The BBFC is now holding a public consultation on its draft Guidance on Age-Verification Arrangements and its draft Guidance on Ancillary Service Providers. The deadline for responses is the 23 April 2018.

We will consider and publish responses before submitting final versions of the Guidance to the Secretary of State for approval. The Secretary of State is then required to lay the Guidance in parliament for formal approval. We support the government's decision to allow a period of up to three months after the Guidance is formally approved before the law comes into force, in order to give industry sufficient time to comply with the legislation.

Draft Guidance on Age-verification Arrangements

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish:

"guidance about the types of arrangements for making pornographic material available that the regulator will treat as complying with section 14(1)".

The draft Guidance on Age-Verification Arrangements sets out the criteria by which the BBFC will assess that a person has met with the requirements of section 14(1) of the Act. The draft guidance outlines good practice, such as offering choice of age-verification solutions to consumers. It also includes information about the requirements that age-verification services and online pornography providers must adhere to under data protection legislation and the role and functions of the Information Commissioner's Office (ICO). The draft guidance also sets out the BBFC's approach and powers in relation to online commercial pornographic services and considerations in terms of enforcement action.

Draft Guidance on Ancillary Service Providers

Under section 25 of the Digital Economy Act 2017, the BBFC is required to publish: "guidance for the purposes of section 21(1) and (5) about the circumstances in which it will treat services provided in the course of a business as enabling or facilitating the making available of pornographic material or extreme pornographic material".

The draft Guidance on Ancillary Service Providers includes a non-exhaustive list of classes of ancillary service provider that the BBFC will consider notifying under section 21 of the Act, such as social media and search engines. The draft guidance also sets out the BBFC's approach and powers in relation to online commercial pornographic services and considerations in terms of enforcement action.

How to respond to the consultation 

We welcome views on the draft Guidance in particular in relation to the following questions:

Guidance on Age-Verification Arrangements

  • Do you agree with the BBFC's Approach as set out in Chapter 2?
  • Do you agree with the BBFC's Age-verification Standards set out in Chapter 3?
  • Do you have any comments with regards to Chapter 4?

The BBFC will refer any comments regarding Chapter 4 to the Information Commissioner's Office for further consideration.

Draft Guidance on Ancillary Service Providers

  • Do you agree with the BBFC's Approach as set out in Chapter 2?
  • Do you agree with the classes of Ancillary Service Provider set out in Chapter 3?

Please submit all responses (making reference to specific sections of the guidance where relevant) and confidentiality forms as email attachments to: 

DEA-consultation@bbfc.co.uk

The deadline for responses is 23 April 2018.

We will consider and publish responses before submitting final versions of the Guidance to the Secretary of State for approval. 

 

Related documents and downloads

Share this!

Facebook logo Twitter logo