Ofcom
have published a report: UK code of practice for the self-regulation
of new forms of content on mobiles:
Mobile phone use is widespread among children and 7% of 8-17 year olds
access the internet via a mobile.
The UK code of practice for the self-regulation of new forms of content
on mobiles provides a series of undertakings regarding young people’s
access to, and the classification of, mobile commercial content. The
Code was formally published in January 2004 and the resulting
Classification Framework (“the Framework”) was published in February
2005. All major UK mobile phone operators subscribe to and support the
Code and the Framework which act as self-regulatory instruments.
Audio-visual content available on mobiles arises from two sources. Some
content is provided directly by the operator or a contracted third party
(and referred to in the Code as ‘commercial content’). This content is
under the mobile operator’s control, enforced by contractual
arrangements with the content creator/supplier. The other source of
content available on mobile phones is from the internet. Internet-based
content is outside the control of the mobile operator.
This Review of the Code was achieved with the support of the Home Office
and the Children's Charities' Coalition for Internet Safety (CHIS).
Overall, we find the Code to be effective in restricting young people’s
access to inappropriate content and a good example of industry
self-regulation. Based on interviews with operators and stakeholders, we
believe that the Code and Framework are understood and readily adopted
by all concerned.
We also note that the mobile industry has made significant investment in
the development and implementation of content controls and has taken
significant steps to enforce compliance, over and above the requirements
set out in the Code. The mobile operators have established a process
whereby an initial breach of the Code by a commercial content provider
results in a warning (yellow card), and any subsequent breach of the
Code can result in a sanction (red card). Repeated failure to comply
with the Code may lead to termination of future business. The yellow/red
card scheme is viewed both by the mobile operators and the content
suppliers as a highly effective compliance mechanism.
We find that the availability of consumer information about how to
restrict access to 18-rated material is generally poor – only 15% of
adults who use a mobile and who have a child in their household are
aware of age verification systems. We therefore recommend that mobile
operators redouble their efforts to ensure that the information supplied
by retailers, customer services and websites is easy to understand and
accessible.
The Content Classification Framework is provided on behalf of the mobile
phone industry by the Independent Mobile Classification Body (IMCB), a
subsidiary limited company of the premium rate phone regulator
PhonepayPlus. The IMCB has to date received no in-remit complaints from
members of the public about any content of a nature encompassed by the
Code, which has been accessed via a mobile phone. However, the basis for
complaining is that consumers, in the first instance, must report their
concern to their contracted mobile operator. Only where there is no
satisfactory resolution to the complaint is the customer then referred
to the IMCB by the mobile operator’s customer services. The IMCB sees
itself as primarily an industry-facing body and does not promote
awareness of its existence or its functions to the public (other than
through its website), nor does it advertise its complaints function to
members of the public.
The current arrangements block access to 18-rated material to
non-age-verified customers. With increasing numbers of younger children
having access to mobiles capable of accessing AV content, mobile
operators may need to consider if a binary system at 18 provides
sufficient protection from inappropriate content for younger users, or
whether a more granular system should be considered.
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