Guidance

Digital Economy Bill Part 3: Online Pornography

Part 3 of the Digital Economy Bill concerns protections for children online

• From: Department for Digital, Culture, Media & Sport (2017 to 2023) and The Rt Hon Matt Hancock
• Published: 5 July 2016
• Last updated: 12 October 2018
  Show all updates

  1. 12 October 2018

     Changed the details of section 3 and added 2 explanatory memoranda

  2. 10 October 2018

     Change Regulations and Impact Assessment for 2018 versions

  3. 22 February 2018

     Addition of Notice of Designation of Age-Verification Regulator under section 16(1) of the Digital Economy Act

  4. 12 January 2018

     Addition of the Guidance from the Secretary of State for Digital, Culture, Media and Sport to the Age-Verification Regulator for Online Pornography, replacing the draft version published in March 2017.

  5. 20 December 2017

     Addition of the Particulars of Proposed Designation of Age-Verification Regulator and the Appeals Statement in relation to the Proposal for the Designation of Age Verification Regulator

  6. 12 October 2016

     The Department for Culture, Media and Sports (DCMS) has exchanged letters with the British Board of Film Classification (BBFC) agreeing the BBFC's role within the proposed regulatory framework for Age Verification for Online Pornography and mutual intent to work together.

  7. 5 July 2016

     First published.

Documents

Age Verification for Online Pornography Factsheet

PDF, 101 KB, 2 pages

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Age Verification for Online Pornography Consultation

https://www.gov.uk/government/consultations/child-safety-online-age-verification-for-pornography

Letters agreeing the BBFC's role within the proposed regulatory framework for Age Verification for Online Pornography

PDF, 1.07 MB, 3 pages

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Online Pornography (Commercial Basis) Regulations 2018

PDF, 128 KB, 2 pages

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Age Verification Impact Assessment 2018

PDF, 1.68 MB, 20 pages

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Explanatory Memorandum to the Draft Online Pornography (Commercial Basis) Regulations 2018

PDF, 212 KB, 5 pages

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Particulars of Proposed Designation of Age-Verification Regulator

PDF, 2.18 MB, 26 pages

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Appeals Statement In relation to the Proposal for the Designation of Age-Verification Regulator

PDF, 178 KB, 4 pages

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Guidance to the Age Verification Regulator

PDF, 175 KB, 16 pages

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Notice of Designation of Age-Verification Regulator

PDF, 63.4 KB, 1 page

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Explanatory Memorandum of the draft BBFC Guidance on Ancillary Service Providers

PDF, 213 KB, 5 pages

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Explanatory Memorandum to the Draft BBFC Guidance on Age Verification Arrangements

PDF, 212 KB, 4 pages

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Details

Part 3 of the Digital Economy Act introduces the requirement for commercial providers of online pornography to have robust age verification controls in place to prevent children and young people under 18 from accessing pornographic material.

The Act establishes a regulatory system, underpinned by civil sanctions, and establishes a power for the Secretary of State to designate the age verification regulator. The Government has designated the British Board of Film Classification (BBFC) as the age verification regulator.

The BBFC as the regulator is required to produce guidance on age verification arrangements that it will treat as compliant and the approach that it will take to ancillary service providers. On 10 October 2018, the Government laid the two pieces of BBFC guidance in Parliament for its consideration and approval.