Wanting to protect children from online porn has nothing to do with social conservatism

Too many people have fallen for the myth that any attempt to control the internet is bad.

To people of a certain age the word “pornography” conjures up images of Playboy centrefolds. However, a great deal of porn now easily accessible on the internet is about as close to a Playboy centrefold as Famous Five stories are to War and Peace.

I have a vivid memory of the mother of a 10-year-old girl who approached me after a school’s parents’ evening. She became quite upset as she described the nature of a video she had found her daughter watching. The child’s friend had sent a link. I am not going to provide the same level of details about what was going on - let’s just say it appeared to involve one woman, three adult males and a range of electro mechanical devices. The focus of attention at the denouement was the woman’s mouth and face. Mum’s tearful question to me was "how do you explain that to a young girl who has still not had her first kiss?".

Even now I am not sure how I would approach such a challenge but what is truly outrageous is that this mother had to confront it at all. Yet if you deconstruct the monotonous, never changing outpourings of a collection of so-called free speech campaigners at root it was really Mum’s fault. She had failed to learn about, understand and act upon the need to install filters that might have prevented any porn reaching the child’s screen. She had failed to find a way to convince her daughter not to click on such links or maybe the feckless parent was simply providing an inadequate degree of supervision of her child’s online behaviour.

The kind of stuff this 10-year-old child saw was never intended to be viewed by children. It may be illegal anyway as some would never receive a BBFC classification for public display, or possibly even an R18 which would allow it to be sold in licensed sex shops.

Yet it is found on the homepages of websites where anyone and everyone can see it, whether by accident or design. It is usually presented as a “teaser” to get you to pay for other material which is “even better”. 

There is simply no question that the practice I have just described is illegal in the UK. In R v Perrin in 2002 the Court of Appeal said gross pornographic material must be put behind a barrier of some kind, eg a paywall, so as to ensure only adults who positively want to see it can do so. Yet we’ve got millions of webpages where that just does not happen and search engines provide immediate access for all UK residents.

The problem, of course, is that the images are published from overseas. In recent years the police have shown little enough interest in prosecuting UK residents under the Obscene Publications Act and as far I know they have never made any effort to extradite anyone for such offences. It is usually at this point people throw up their hands and say it is all too complicated, nothing can be done or that the price of doing anything would present intolerable challenges to adults’ rights. That is self-serving codswallop: look how the gambling industry has effectively eliminated kids from their sites.

Much of the evidence cited to “prove” porn does no harm predates the immersive internet and did not involve a study of its longer-term effects on children. Thus I am astonished that more people are not willing to accept that the point at least is moot. That being so shouldn’t the precautionary principle kick in? Shouldn’t the search engines, for example, not return links to sites that do not attempt to restrict children’s access? Should the banks and the credit card companies refuse to process payments to such sites?

Ultimately the question turns on how highly we value our children and what risks we are willing to take with their futures. It has nothing to do with social conservatism or moral panics. We need to call a halt to this rash experiment. If adults want to watch porn that’s their business, not mine. But we really out to be able to do more for our kids. The UK’s internet service providers have said they are going to do more in this direction. We shall see. Yes, there may be privacy concerns for the rest of us, but where there’s a will there’s a way.

Too many people who ought to know better have fallen for the heavily-promoted, convenient West Coast money-spinning myth that all attempts to control content on the internet are bad and will lead swiftly but inevitably to perdition. Iran does it so it must be bad. That’s the beginning and end of their argument. It won’t do.

Shouldn’t the precautionary principle kick in? Photograph: Getty Images
Photo: Getty
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Labour will soon be forced to make clear its stance on Brexit

The Great Repeal Bill will force the party to make a choice on who has the final say on a deal withg Europe.

A Party Manifesto has many functions. But rarely is it called upon to paper over the cracks between a party and its supporters. But Labour’s was – between its Eurosceptic leadership and its pro-EU support base. Bad news for those who prefer their political parties to face at any given moment in only one direction. But a forthcoming parliamentary vote will force the party to make its position clear.

The piece of legislation that makes us members of the EU is the European Communities Act 1972. “Very soon” – says the House of Commons Library – we will see a Repeal Bill that will, according to the Queen’s Speech, “repeal the European Communities Act.” It will be repealed, says the White Paper for the Repeal Bill, “on the day we leave the EU.”

It will contain a clause stating that the bit of the bill that repeals the European Communities Act will come into force on a date of the Prime Minister's choosing. But MPs will have to choose whether to vote for that clause. And this is where Labour’s dilemma comes into play.

In her Lancaster House speech Theresa May said:

“I can confirm today that the Government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force.”

Later that day David Davis clarified May’s position, saying, of a vote against the final deal:

“The referendum last year set in motion a circumstance where the UK is going to leave the European Union, and it won’t change that.” 

So. The choice the Tories will give to Parliament is between accepting whatever deal is negotiated or leaving without a deal. Not a meaningful choice at all given that (as even Hammond now accepts): “No deal would be a very, very bad outcome for Britain.”

But what about Labour’s position? Labour’s Manifesto says:

“Labour recognises that leaving the EU with ‘no deal’ is the worst possible deal for Britain and that it would do damage to our economy and trade. We will reject ‘no deal’ as a viable option.”

So, it has taken that option off the table. But it also says:

“A Labour approach to Brexit also means legislating to guarantee that Parliament has a truly meaningful vote on the final Brexit deal (my emphasis).”

Most Brexit commentators would read that phrase – a meaningful vote – as drawing an implicit contrast with the meaningless vote offered by Theresa May at Lancaster House. They read it, in other words, as a vote between accepting the final deal or remaining in the EU.

But even were they wrong, the consequence of Labour taking “no deal” off the table is that there are only two options: leaving on the terms of the deal or remaining. Labour’s Manifesto explicitly guarantees that choice to Parliament. And guarantees it at a time when the final deal is known.

But here’s the thing. If Parliament chooses to allow Theresa May to repeal the European Communities Act when she wants, Parliament is depriving itself of a choice when the result of the deal is known. It is depriving itself of the vote Labour’s Manifesto promises. And not only that - by handing over to the Prime Minister the decision whether to repeal the European Communities Act, Parliament is voluntarily depriving itself of the power to supervise the Brexit negotiations. Theresa May will be able to repeat the Act whatever the outcome of those negotiations. She won’t be accountable to Parliament for the result of her negotiations – and so Parliament will have deprived itself of the ability to control them. A weakened Prime Minister, without a mandate, will have taken back control. But our elected Parliament will not.

If Labour wants to make good on its manifesto promise, if Labour wants to control the shape of Brexit, it must vote against that provision of the Repeal Bill.

That doesn’t put Labour in the position of ignoring the referendum vote. There will be ample time, from October next year when the final deal is known, for Labour to look at the Final Deal and have a meaningful vote on it.

But if Labour supports the Repeal Bill it will be breaching a clear manifesto promise.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues. 

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