ISPA SEEKS CLARIFICATION ON THE REMOVAL OF ILLEGAL INTERNET CONTENT
ISPA SEEKS CLARIFICATION ON THE REMOVAL OF ILLEGAL INTERNET CONTENT
22nd January 2001
22nd January 2001
Following recent press interest in advertising and information about adoption on the Internet, ISPA UK has received a reminder from the Department of Health that if a UK based ISP has actual knowledge that illegal content has been placed on their servers, they must remove it.
ISPA members do not condone or support the use of the Internet for illegal purposes. The ISPA Code of Practice requires that all members co-operate with the Internet Watch Foundation, which provides an effective co-regulatory system for ISPs to receive notice of illegal child pornography on their servers, thereby allowing them to immediately remove it.
For other types of illegal content a Court Order is necessary in many if not all cases, as ISPs and Government Departments cannot act as the judiciary in deciding the often very complex question of whether material is legal. The Department of Health has not stated in what form, or by what process or mechanism an offical notice of illegal content with regards to advertising for adoption will take if it is not a court order.
It has been established by the European Union in the E-Commerce Directive that ISPs are "mere conduit" and are not required to pre-monitor the content that has been placed on their servers.
ISPA has been in contact with the Department of Health requiring clarification as to how official notice of illegal content should be given to ISPs to ensure that it is removed as quickly and efficiently as possible.
Unless there is an effective and legally certain notice and takedown procedure agreed between all stakeholders, web hosting in the UK could become unworkable and ultimately could deter Internet businesses from establishing themselves in the UK. The E-Commerce Directive anticipates such a procedure and ISPA is committed to working with Government and other interested groups to achieve this aim.
Ends.
Note for editors:
ISPA members do not condone or support the use of the Internet for illegal purposes. The ISPA Code of Practice requires that all members co-operate with the Internet Watch Foundation, which provides an effective co-regulatory system for ISPs to receive notice of illegal child pornography on their servers, thereby allowing them to immediately remove it.
For other types of illegal content a Court Order is necessary in many if not all cases, as ISPs and Government Departments cannot act as the judiciary in deciding the often very complex question of whether material is legal. The Department of Health has not stated in what form, or by what process or mechanism an offical notice of illegal content with regards to advertising for adoption will take if it is not a court order.
It has been established by the European Union in the E-Commerce Directive that ISPs are "mere conduit" and are not required to pre-monitor the content that has been placed on their servers.
ISPA has been in contact with the Department of Health requiring clarification as to how official notice of illegal content should be given to ISPs to ensure that it is removed as quickly and efficiently as possible.
Unless there is an effective and legally certain notice and takedown procedure agreed between all stakeholders, web hosting in the UK could become unworkable and ultimately could deter Internet businesses from establishing themselves in the UK. The E-Commerce Directive anticipates such a procedure and ISPA is committed to working with Government and other interested groups to achieve this aim.
Ends.
Note for editors:
1. The UK Internet Services Providers Association (ISPA UK) was set up in 1995 as a trade association to represent UK companies in the Internet sector. For a list of members or other information about ISPA, please consult the website: http://www.ispa.org.uk
2. For additional details please contact ISPA at 020 7233 7234 or email: secretariat@ispa.org.uk
2. For additional details please contact ISPA at 020 7233 7234 or email: secretariat@ispa.org.uk