Lawyers Warn ISPs Over Chat Rooms
Posted: 02nd Oct, 2003 By: MarkJ
Media lawyers at law firm Clarke Willmott have issued a warning to UK ISPs, stating that tougher measures to protect children on the Internet in the USA could ultimately impact UK providers and their customers:
MICROSOFTS CHATROOM SHUT-DOWN IS A SIGNAL FOR UK INTERNET PROVIDERS, SAYS MEDIA LAWYER
UK media speculation that Microsofts decision to shut down its chat-rooms may be more about reducing costs and boosting subscription-service revenues, than being a genuine move to protect children, could be wrong, say media lawyers at law firm Clarke Willmott.
US-based MSN, which attracted 1.2 million UK participants to its chat-rooms each month, may well be responding to the recent trend in American internet-related legislation favouring child-protection over freedom of speech, according to Jessica Davis, a partner in the UK firm.
British internet providers would do well to take heed of these new moves, according to Ms Davis, as they are a signal of things to come this side of the Atlantic.
"A recent decision of the US Supreme Court forces American public libraries to use software which blocks material harmful to children. Quite simply, they used the instrument of public funding if libraries do not comply, then they will not receive the relevant finance", she explained.
Even though the UK media coverage of internet paedophile issues has been huge, the US has been far quicker in tackling the threat to minors posed by chat-rooms and web-sites.
"For some time, the US has had strict provisions in place on how web-site operators can deal with children, including the information they take from a child and how it is stored and used. These issues have not yet been fully addressed in UK legislation," said Ms Davis.
The nearest the UK has come to the US rules are the self-regulation guidelines from the Home Offices task-force on child protection on the internet.
"Microsoft is in part responding to this shift in US legislation, and the UK is bound to follow," said Ms Davis.
"The internet has in some ways demonstrated to the US courts the consequences of free speech taken to its logical limits," Ms Davis added. "They are tightening the net on those who abuse the system, and Microsoft is taking its lead from that. UK service-providers would be well advised to take heed of the new Home Office rules, as it may not be long before they become part of UK law."
Censorship gone too far? Perhaps. There are valid points to be heard from both sides of the fence, although such extreme measures will not ultimately solve the problem.
Will we have any ability to speak our minds in the future, against political leaders or commercial companies that we wish to complain against?
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