Charlotte Webster-
Regulation of online pornography in the UK is to undergo a thorough review to make sure it is “fit for purpose” in tackling exploitation and abuse, the Government has announced.
The review will investigate any gaps in UK regulation on sharing illegal and harmful content online, as well as identifying barriers to enforcing criminal law to ensure the strongest possible safeguards are in place.
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The British Board of Film Classification (BBFC) is the main regulator of pornography in the UK but it does not have online powers and has told MPs that pornographic content it would refuse to classify is “freely accessible” online.
It will also look at the role of the pornography industry in trafficking and exploiting adult performers, child sexual exploitation and abuse, and how extreme and non-consensual pornographic content online is dealt with.
This includes how effective the criminal justice system and law enforcement agencies are in responding to illegal pornographic content, including considering if any changes need to be made to criminal law to address challenges law enforcement might have.
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While the criminal law has been updated in recent years to tackle the presence of extreme and revenge pornography, there are currently different regimes that address the publication and distribution of commercial pornographic material offline, such as videos, and online.
The Government says it wants to ensure any pornography legislation and regulation operates consistently for all pornographic content.
The review will also consider what more can be done to provide children with information and resources about the harm caused by pornography. This will make sure that illegal and harmful content, such as that which features child sexual abuse and exploitation, or where adults are being exploited, is “robustly dealt with”, the Government said.
A report published in May by the Children’s Commissioner for England Dame Rachel de Souza identified links between children’s experiences of pornography and subsequent harmful sexual behaviour or abuse.
Dame Rachel said her research, which contains analysis of documents containing accounts of sexual violence between children, presents a “compelling” case in exploring the most serious possible consequences of unrestricted access to pornography in childhood and the “troubling role it may play in influencing harmful sexual behaviour between children – or even the type of abuse carried out”.
The Pornography Review is in response to calls for action from parliamentarians and campaign groups concerned with the prevalence and impact on both children and adults of illegal pornographic content and child sexual exploitation and abuse on pornography sites and social media.
It develops the Online Safety Bill which will hold social media companies and pornography services accountable for ensuring children cannot view pornography, with a new higher standard on the age verification or age estimation tools they must use.
Technology Minister, Paul Scully, said: “Keeping the public safe is the first priority of any government and with technology moving faster than ever, we cannot take our eye off the ball in exploring what more we can do.
“Our Pornography Review will look closely at the laws and regulations relating to offline and online content, informing our next steps in tackling the heinous crimes of exploitation and abuse, wherever it occurs.”
Justice Minister, Ed Argar added: “It is vital we keep up with the pace of the online world and this review will help ensure our laws work to protect people online while punishing those who share illegal and harmful content.
“The review will seek expertise across government and significant engagement with the Crown Prosecution Service and police, industry, civil society stakeholders and regulators.”
There are currently several criminal offences, linked to legislation such as the Obscene Publications Act 1959 and the ‘extreme porn’ offence at s63 of the Criminal Justice and Immigration Act 2008, which can be committed in relation to all pornographic material, whether offline or online. Some pornographic material is covered by communications offences and offences, which deal with publicly displayed material in shops and other premises.
Separately, there is a very robust regime of offences tackling the possession, taking and making of indecent images of children, whether they are photographs/films, or non-photographic.
The current regulatory framework includes that established by the Video Recordings Act 1984, which address the publication and distribution of commercial pornographic material offline, and the video-sharing platform regime that addresses some online pornography.
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