Peeress calls for ISPs to block porn

Plans to introduce legislation that would force people to ‘opt in' if they wanted to visit porn sites has been proposed under a Private Members' Bill.

The proposed Online Safety Bill has been put forward by Baroness Howe of Idlicote, who would like to make it a "duty" for internet service providers (ISPs) as well as mobile network operators that provide internet access services to "provide a service that excludes pornographic images" by default.

This means that people would have to tell their provider if they wished to "subscribe to a service that includes pornographic images".

The Bill would also force the manufacturers of "electronic devices" such as smartphones and tablets that can connect to the internet and download content, to "provide customers with a means of filtering content from an internet access service at the time the device is purchased".

The Internet Service Providers Association (ISPA) said: "Filtering by default will only reduce the degree of active interest and parental mediation, lull parents into a false sense of security and lead to over-blocking. The question also arises of who decides what is pornographic and what is not.

"ISPA does not believe there is a need for legislation on this issue as there is healthy competition in the industry and ISPs are responsive to consumer demands."

The proposed legislation forces ISPs to go further than the Code of Conduct they signed last year.

This actually caused mass confusion and a number of misleading reports at the time leading people to believe that they would be forced to opt in to access adult content.

But as the ISPs pointed out at the time, all they agreed to was to provide customers with clear advice and the chance to activate parental-control software.

The Information Commissioner's Office (ICO) also said that if a subscriber was forced to tell an ISP that they wished to access a certain service under new legislation, this information would fall under the Data Protection Act.

"The ISP would have to be aware that the information may be potentially embarrassing for the subscriber and ensure it was kept secure and only for as long as was necessary," a spokesman for the ICO told us.

The Bill also raises serious legal questions for ISPs about website blocking and how they can decide if a site or image is pornographic.

The Bill has had its first reading in the House of Lords, with the second yet to be scheduled. However, the majority of Private Members' Bills fail to make it further than initial readings.