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require
internet service providers and other commercial organisations
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providing access to the internet
to declare whether or not they have taken |
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steps to prevent access to
web sites containing indecent images of children; |
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and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Blocking
access to web sites containing child pornography: public |
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(1) |
Owners of electronic communications
networks which provide access to the |
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internet shall be required
annually to declare publicly whether or not they have |
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taken, or are taking, appropriate
technical steps to block access to web sites that |
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contain child pornography. |
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(2) |
The declaration referred
to in subsection (1) above shall be made in a manner |
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to be determined by the Secretary
of State and prescribed by regulations. |
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2 |
Validity
of public declarations |
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The Secretary of State may
by order prescribe any government department or |
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agency (“a prescribed
body”) to assess the validity of the declarations made |
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3 |
Appropriate
technical steps |
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A prescribed body under
section 2
above shall, within six months of the |
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commencement of this Act
and at least annually thereafter, publish guidance |
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on what may constitute “appropriate
technical steps” for the purposes of |
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section 1,
which shall include— |
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(a) |
a list of proprietary software
which, if correctly implemented, would |
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satisfy the requirements of
section 1; |
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(b) |
advice on the implementation
of proprietary software; and |
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(c) |
information
about how bespoke software may be assessed by the |
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prescribed body to establish
whether or not their correct |
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implementation would meet
the requirements of section 1. |
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(1) |
It shall be an offence for
an owner of an electronic communications network |
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which provides access to
the internet knowingly to make a false declaration |
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(2) |
An owner of an electronic
communications network found guilty of an offence |
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under this Act is liable
on summary conviction to a fine not exceeding the |
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10 |
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“child pornography”
means any indecent or pseudo-photograph of a |
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child, in accordance with
the Protection of Children Act 1978
(c. 37); |
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“electronic communications
networks” has the meaning given by section |
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32 of the Communications
Act 2003 (c. 21); |
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“prescribed”
means prescribed by regulations made by the Secretary of |
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(1) |
Any power of a Minister
of the Crown under this Act to make regulations or |
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an order is exercisable by
statutory instrument. |
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(2) |
Any regulations or order
made under this Act (other than an order made under |
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section 8)
shall be laid before Parliament after being made and is subject
to |
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annulment in pursuance of
a resolution of either House of Parliament. |
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(3) |
Every power conferred by
this Act on a Minister of the Crown to make |
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regulations or an order includes
power— |
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(a) |
to make different provision
for different cases; |
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(b) |
to make provision subject
to such exemptions and exceptions as that |
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(c) |
to make such incidental,
supplemental and consequential provision as |
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the person making the regulations
or order thinks fit. |
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There
shall be paid out of money provided by Parliament any expenditure
incurred by |
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the
Secretary of State for or in connection with the carrying out
of any functions under |
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35 |
8 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Control of Internet Access (Child Pornography) |
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(2) |
This Act (apart from this
section) shall come into force on such day as the |
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Secretary of State may by
order appoint. |
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