87% of IT Managers NOT aware of changes to the law
87% of IT Professionals NOT aware of changes to the law on child abuse images 27th September 2004
Research published today by the Internet Watch Foundation (IWF) shows that of the 1,000 senior IT Management professionals questioned*, the overwhelming majority were not aware of the recent Sexual Offences Act 2003.
This legislation relates directly to them and their organisations, in any instances of potentially illegal child abuse images being found on their company network.
The Sexual Offences Act (SOA) 2003 came into force in May of this year and S46 of this Act amends part of the Protection of Children Act (POCA) 1978.
The significance for IT Managers is that this Act introduces a conditional defence which protects IT professionals who, in their day-to-day management of electronic networks and services, may need to “make” or download and then store potentially illegal child abuse images as evidence, in order for the content to be assessed by either a Law Enforcement Agency or a named ‘relevant’ body such as the IWF.
This defence is intended to reassure people such as staff in ISPs and systems management who may have a role in identifying and securing such data for evidential and investigative purposes, that they can do so without fear of prosecution.
It is not a defence for the random, casual, or deliberate viewing of child abuse images under any circumstances.
Any individuals convicted of intentionally downloading paedophilic material for reasons unrelated to the law, can be liable for up to 10 years imprisonment if prosecuted.
The Memorandum of Understanding between the Association of Chief Police Officers (ACPO) and the Crown Prosecution Service (CPS) is the reference document which outlines the specific circumstances under which IT professionals could claim a defence under the new legislation.
Peter Robbins, IWF, CEO:
“It is vital that any organisation providing internet access to employees understands how to deal with these types of images. Their policies must be in line with current UK legislation and internal procedures should be clearly and regularly explained to staff, including consequences for transgression.
“It is vital that any organisation providing internet access to employees understands how to deal with these types of images. Their policies must be in line with current UK legislation and internal procedures should be clearly and regularly explained to staff, including consequences for transgression.
The IWF exists to support the public and industry professionals in minimising the availability of potentially illegal content, especially child abuse images.”
The IWF is the only organisation in the UK which provides an internet hotline for the public to report their exposure to potentially illegal content online and has worked in partnership with the internet industries for seven years to minimise the availability of child abuse images via the fixed and mobile internet to consumers in the UK.
The IWF Internet Content Analysts are specially trained by the Police to assess potentially illegal internet content according to UK law. The hotline team liaise closely with relevant Law Enforcement Agencies in the UK and overseas, as well as other hotlines around the world, to trace illegal content online.
The research also showed that:
Peter Robbins, IWF, CEO:
“The relevant law and guidelines are freely available from our website, so there is no valid excuse for not handling this type of content appropriately.
The research also showed that:
- 63% of participants, or their systems staff, regularly view internet sites or content for internal monitoring/regulation purposes
- Whilst 90% of participant companies had an Acceptable Internet Use Policy in place less than 65% had a specific policy for dealing with potentially illegal indecent images of children
- Although 68% said they believed they understood what constituted a potentially illegal image of a child, only 27% were able to give the correct age of a ‘child’ in this context
[S.45 of the POCA 1978 raised the age of a child to 18 in May 2004 thus making indecent images of children aged 16 and 17 now illegal.]
- 6% of participants, senior IT Management, didn’t even know if there was a company policy in place or the potential consequences for an individual employee, if such images were found
- Despite the apparent lack of awareness of the legislation & understanding of responsibility around the correct handling and appropriate action concerning child abuse images, 86% said Corporate Social Responsibility was ‘very important’ to their organisation
Peter Robbins, IWF, CEO:
“The relevant law and guidelines are freely available from our website, so there is no valid excuse for not handling this type of content appropriately.
I don’t believe that any responsible company would condone illegal practices, more especially when it means images of child abuse.”
The two relevant sections of the Sex Offences Act 2003 is available at: UK Law IWF Website
As soon as the MoU is available from ACPO and the CPS, it will be posted here.
Please note this legislation is applicable in England and Wales only.
If you are an IT Professional and you would like more information please email: wipeitout@iwf.org.uk
* Research conducted by Blue Donkey Ltd
Blue Donkey Website
Blue Donkey Website
ABOUT THE INTERNET WATCH FOUNDATION
The UK Internet Industry founded the Internet Watch Foundation (IWF) in 1996.
The IWF is the only authorised organisation in the UK which provides an internet ‘hotline’ for the public to report their exposure to illegal content online.
The UK Internet Industry founded the Internet Watch Foundation (IWF) in 1996.
The IWF is the only authorised organisation in the UK which provides an internet ‘hotline’ for the public to report their exposure to illegal content online.
We aim to minimise the availability of internet content that contains:
Child abuse images originating anywhere in the world
Criminally obscene content hosted in the UK
Criminally racist content hosted in the UK
Child abuse images originating anywhere in the world
Criminally obscene content hosted in the UK
Criminally racist content hosted in the UK
We work in partnership with UK Government Departments such as the Home Office and the Department of Trade and Industry to influence initiatives and programmes developed to combat online abuse.
This dialogue goes beyond the UK and Europe, to ensure greater awareness of global issues and responsibilities.
We are funded by the EU and the UK internet industry including Internet Service Providers (ISPs), Mobile Operators & manufacturers, Content Service Providers (CSPs) and telecommunications & software companies.
This dialogue goes beyond the UK and Europe, to ensure greater awareness of global issues and responsibilities.
We are funded by the EU and the UK internet industry including Internet Service Providers (ISPs), Mobile Operators & manufacturers, Content Service Providers (CSPs) and telecommunications & software companies.
Through the hotline reporting system, we help ISPs to combat abuse of their services by operating a ‘notice and take down’ service which alerts them to any illegal content found on their system and we assess material reported to us and pass on any relevant details to Law Enforcement Agencies.
As a result, the amount of illegal content hosted in the UK has been reduced from 18% in 1997 to less than 1% in 2003.
As the number of people using the internet and the diversity of content available continues to grow, the mechanisms of dealing with illegal content must be better known and understood.
In partnership with many organisations, we strive to create continued awareness of the role and purpose of the IWF and aim to foster trust and reassurance in the internet for current and future users.
For more information see: www.iwf.org.uk
In partnership with many organisations, we strive to create continued awareness of the role and purpose of the IWF and aim to foster trust and reassurance in the internet for current and future users.
For more information see: www.iwf.org.uk
Fay MacDonald
Communications Co-ordinator
The Internet Watch Foundation
Communications Co-ordinator
The Internet Watch Foundation
Tel: 01223 237 700
Created: Mon, September 27th, 2004 | Last Modified: Mon, December 6th, 2004
