Culture, Media and Sport CommitteeWritten evidence submitted by Ofcom

Section 1

One page summary

1.1 Ofcom welcomes the opportunity to contribute to the Committee’s inquiry on online safety.

1.2 This document sets out Ofcom’s current duties and powers relevant to the Committee’s inquiry. It also describes what we consider to be some relevant market and consumer developments captured by our research that may assist the Committee.

1.3 The Committee’s inquiry considers three specific issues relating to online safety across a broad range of media services. In order to identify how we may be able to assist the Committee in future, we have structured our response to consider each of the three issues in turn; and for each we have described Ofcom’s relevant duties and/or role across the following services:

Broadcast television and radio.

ATVOD notified on-demand services.

Online content more broadly.

Main conclusions of this document:

1.4 The internet has brought significant benefits to consumers and citizens and made the media a much more social, global and participative environment. However, the internet also brings new regulatory challenges. The connected environment and changes in consumer behaviour can result in audience protection risks and in particular, new challenges in securing the protection of children from potentially harmful content.

1.5 In a connected society there is particular pressure on consumers’ understanding of the increasingly complex regulatory environment, of the practices they can expect of service providers and of their awareness of their own responsibilities.

1.6 There is a task for the Government, regulators and industry to ensure the provision of clear information, education and a framework of personal responsibility through which individuals and families can exercise an informed choice.

1.7 Any approach to online safety should include a combination of the traditional content standards protections and industry-led measures which provide the right framework of information, online safety tools and content controls for audiences to protect themselves and their families.

1.8 It is important for consumers that online safety tools and content controls are easy to use and made available in as many internet connected devices as possible. Consumers should also be adequately informed of where such tools can be used.

1.9 The effectiveness and impact of online safety tools and content controls will, however, depend on actions being taken by individuals and parents. Therefore, in order to ensure potentially harmful content is subject to comprehensive oversight, further consideration may be needed as to the roles and responsibilities of all industry players in the online environment.

Section 2

Regulatory context

2.1 As the United Kingdom’s independent regulator for the communications sector, Ofcom’s principal duty in carrying out our functions (set out in section 3(1) of the Communications Act 2003) is:

(b)to further the interests of citizens in relation to communications matters; and

(c)to further the interests of consumers in relevant markets, where appropriate by promoting competition.

Television and Radio

2.2 In carrying out this duty, Ofcom has other statutory duties and powers relevant to the Committee’s areas of inquiry. In particular, Section 3(2) of the Communications Act 2003 states that Ofcom is required to secure:

The application, in the case of all television1 and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in such services; and

The application, in the case of all television and radio services, of standards that provide adequate protection to members of the public and all other persons from both:

unfair treatment in programmes included in such services; and

unwarranted infringements of privacy resulting from activities carried on for the purposes of such services.

2.3 All of Ofcom’s decisions must comply with the Human Rights Act 1998 which incorporates into UK law the European Convention on Human Rights. Of particular relevance to Ofcom’s decisions are: the right to a fair trial (Article 6), the right to privacy (Article 8) and the right to freedom of expression (Article 10). We are also subject to the Freedom of Information Act 2000.

2.4 Ofcom is also required to set standards in relation to TV and radio advertising.2 Ofcom established a co-regulatory partnership with an industry body, the Advertising Standards Authority (“ASA”), in 2004. The arrangements are underpinned by an enabling statutory instrument3 and a Memorandum of Understanding.4

2.5 Although Ofcom has devolved the exercise of this function to the ASA (in this case, through an Order made under the Deregulation and Contracting Out Act 1994), it remains ultimately responsible for ensuring that broadcasters observe relevant standards.

2.6 Television services are provided over different platforms: digital terrestrial wireless transmission, via satellite, cable or over the internet. Under Article 2 of the AVMS Directive, a broadcast service will fall within the UK’s jurisdiction if it is either based in the UK, either editorially or by other measures. If a service has no presence in the UK or EU then secondary technical criteria are used to determine jurisdiction, which includes the location of the satellite uplink.

Video on Demand

2.7 The Communications Act makes provisions for the regulation of on-demand programme services (ODPS), which are essentially services whose principal purpose is the provision of programmes the form and content of which are comparable to the form and content of programmes normally included in television services, ie TV-like video on demand (VOD) services. These services can be made available on any platform and are subject to a notification scheme if the editorial control of the service is generally based in the UK. Notified ODPS must comply with minimum content standards under the AVMS Directive, which has been implemented in the UK by Part 4A of the Communications Act 2003.

2.8 Ofcom has formally designated the Authority for Television On Demand (ATVOD) as the co-regulator for editorial content,5 and the ASA as the co-regulator for advertising content. Ofcom remains ultimately responsible for ensuring that providers of on-demand services observe relevant standards.

Online

2.9 Our role in relation to internet services is much more limited. We regulate television channels delivered over the internet and notified ODPS when they are established in the UK; but we have no statutory powers to regulate any other online content. Ofcom also has media literacy duties which address media consumption online. These are detailed below, along with some information on further roles Ofcom conducts in relation to online services.

2.10 Section 11 of the Communications Act 2003 places a responsibility on Ofcom regarding the promotion of media literacy. We fulfil this duty through the publication of Media Literacy research into adults’ and children/parents’ media use and attitudes. We publish two substantial annual reports: “Children and Parents: Media Use and Attitudes” and “Adults Media Use and Attitudes”. These provide detailed evidence of media use, attitudes and understanding among adults and among children and young people aged 3–15. The children’s report also provides evidence of parents’ concerns about their children’s media use and the ways that they seek to monitor and mediate that use. Ofcom also publishes a range of other consumer research, exploring similar themes. We share the findings of our research widely, including with the Government, industry, academia and the third sector.

2.11 Ofcom also has a seat on the Executive Board of the UK Council for Child Internet Safety (UKCCIS)6 which brings together more than 200 organisations across the government, industry, law enforcement, academia and charity sectors, who work in partnership to help keep children safe online. Ofcom provides its research data to UKCCIS to help inform debates about these areas and has been involved in a number of UKCCIS initiatives, for example: the “Advice for Child Internet Safety 1.0—universal guidelines for providers”7; and the “Good practice guidance for providers of social networking and other inter-active services”.8

2.12 In addition, the Government has recently proposed, through its published communications strategy paper “Connectivity, Content and Consumers—Britain’s digital platform for Growth”,9that it expects industry across the internet value chain “to ensure that all internet-enabled devices, whether a TV, a games console or a smart phone, are supplied with the tools to keep children safe as a standard feature”. The Government has asked Ofcom to have a role in overseeing this work and we are currently awaiting further details on this.

2.13 Ofcom was also significantly involved in developing ParentPort, which is a website with the single aim of protecting children by helping parents make their views heard about inappropriate programmes, advertising, products and services.10 The website makes it easier for parents to complain about material they have seen or heard across the media, communications and retail industries.

Section 3

Market context and consumer context

3.1 Ofcom carries out research which informs the delivery of our duties and our programme of work. It also keeps us, and others, informed about new technology developments and the impact these may have on the sectors that we regulate. This section provides a brief overview of Ofcom’s observations on the effects of convergence on the way consumers and industry engage with media, and the challenges this may create for audiences.

3.2 Ofcom publish three reports that are of particular relevance to the Committee’s inquiry:

The UK and Nations’ Communications Market Report,11 last published in August 2013;

Ofcom annual report “Children and Parents: Media Use and Attitudes”12; and

Ofcom annual report “Adults Media Use and Attitudes”.13

3.3 Below we have set out a summary of these reports and you can find the full findings using the links provided above. Ofcom would also be pleased to provide a deeper and wider ranging discussion of our evidence base should the Committee require it.

Technology continues to evolve rapidly, resulting in an increasing range of new connected devices and changing consumption of AV content services

3.4 UK household internet access rose to 80% in Q1 2013, just one percentage point higher than in Q1 2012. However, mobile internet access rose ten percentage points to 49% of adults, the second fastest growth on record.

Figure 3.1

HOUSEHOLD INTERNET ACCESS: 2005–2013

Source: Ofcom technology tracker, Q1 2013. Base: All adults aged 16+ (n=3750).

3.5 The power and functionality of devices connected to the internet are making them increasingly attractive to consumers, especially the scope that they give consumers to access, create and share content across different devices. The majority of devices continue to grow in terms of penetration.

3.6 There has been a particularly remarkable growth in the use of tablets. In spite of their relative novelty, in February 2013 tablets accounted for 8% of web-page views, double the level in 2012. Tablets are viewed as the main method of connecting to the internet by a third of users and just over half (56%) of tablet owners use their device for watching audio visual content.14

There are increasing levels of take-up and usage of internet delivered services

3.7 There continues to be a demographic split in use of the internet. Younger people are more likely than older people to use the internet for activities related to converged media and this becomes more marked the older the age bracket. Conversely, younger people are more likely to access their media simultaneously meaning that, while they are consuming a greater volume of media than older people, they are doing so in a shorter time-period.15

Figure 3.2

WEB-BASED COMMUNICATION ON COMPUTERS, MOBILE PHONES, AND BOTH, AMONG 16–24 YEAR OLDS

Source: Kantar Media Omnibus

Base: All 16–24s in UK (N=375)

Q.2A How often do you use [insert statement] to communicate with friends and family?

Computers were defined as desktop PC, laptop, netbook or tablet

3.8 There is also evidence of growth in online video consumption. YouTube in particular has experienced strong growth in the last year with three quarters (74%) of laptop and desktop internet users visiting YouTube. Its unique audience grew 4% in the year to May 2013.16

3.9 One of the key observable trends in web content consumption has been the rise of social networking, in particular among young people. Three-quarters of 15–24 year olds use social networking sites.

Figure 3.3

PROPORTION OF ADULTS WHO ACCESS SOCIAL NETWORKING SITES AT HOME

Consumers continue to have a high expectation for content standards on their television

3.10 In February 2012, Ofcom published a deliberative research report entitled “Protecting audiences in a converged world”.17 The research looked at public attitudes within the context of convergence, in order to understand the public’s expectations for protection and how content should be regulated in the future.

3.11 This research indicated that knowledge of prevailing content regulation is currently high for broadcast services but lower for other services (such as catch-up and VOD). The research also suggests that viewers have high expectations of content regulation on broadcast television, and associated VOD and catch-up services. Converged or connected TVs, which incorporate broadcast, VOD and open internet services, are considered to be closer to a TV-like experience. Audiences therefore expect content over these devices to be regulated more similarly to broadcast TV, in contrast to internet content accessed through devices such as PCs and laptops.

Parents are adapting the way they protect their children from certain kinds of content in light of technological change

3.12 Ofcom’s annual reports “Children and Parents: Media Use” and “Adults Media Use and Attitudes” provide detailed evidence of media use, attitudes and understanding among adults aged 16 and above and among children and young people aged three—15. Below are some of the key findings from the 2013 Adults18 and Children and Parents research.19

3.13 In 2012 79% of households (aged 16+) had internet access, this is in line with 2011. The use of devices to go online at home, as seen among children, is diversifying with PC/laptop/netbook use remaining stable at 74%, although there were significant increases seen using other devices to access the internet at home. Mobile phone20 access increased to 53% (up from 45% in 2011), tablet (16% vs. 6%) and games console (16% vs. 11%).

3.14 In 2013 91% of children aged five—15 live in a household with access to the internet through a PC, laptop or netbook and Ofcom’s research shows that children’s patterns of media consumption are changing. Children are also increasingly likely to use a wide range of portable and personal devices, particularly smartphones and tablets. In 2013 43% of children aged five—15 owned a mobile phone with 62% of 12 -15s owning a smartphone. Parents’ ability to monitor what their children are doing online is becoming more limited than it was when internet access took place at a fixed point in the heart of the family home.

3.15 Among adult internet users over half (55%) say they use the same passwords for most websites. A quarter (25%) of users said they had problems remembering passwords, and a similar proportion (26%) said they tend to use easy to remember passwords like birthdays or names.

3.16 For adults, take-up of Wi-Fi protection and experience of deleting cookies from the web browser have increased since 2011. Very few internet users say they do not use online security measures or safety features because they don’t know how they work, although a significant minority of people are unaware of a range of security features. Awareness and take-up of the security measures we asked about is typically lower among older users, DE adults and women.

3.17 43% of parents of children aged five—15 said that they use technical parental controls packages for desktop PCs, laptops and netbooks.21 Uptake of controls for television is slightly higher at 45%. Use of filters on mobile phones where the phone can be used to go online is at 42% while uptake for controls on mobile/fixed games consoles is 16% and 19% respectively.

3.18 Parents generally view controls as an extra tool to supplement rather than a replacement for parental mediation (rules, monitoring and talking to children). 79% of parents of five—15 year olds have spoken to their child about staying safe online and just over half of parents have rules in relation to parental supervision. Overall, 85% of parents employ some kind of online mediation strategy to help their child stay safe online.

3.19 Other findings from the 2013 survey show that in households where five—15s use a PC/laptop or netbook at home 62% have some kind of technical method of control in place. 44% have safe search settings on search engine websites; 43% have parental controls22 installed; 19% have the Safety Mode set on YouTube; 11% have software to limit the time spent online; 8% have a PIN/password set on broadcasters’ websites. The most common reason reported by parents of older children (12–15) for not using access controls was that they trust their child to be sensible/responsible; and parents of younger children (five—sevens and eight—11s) are more likely to say it is because their child is supervised, or that the child is too young for a lack of controls to be a problem.

3.20 The majority of parents (79%) report that they know enough to keep their child safe online, but around half of parents continue to feel that their child knows more about the internet than they do, including 14% of parents of children aged three—four. Also, parents of eight—11s are more likely to agree with this statement now than in 2012 (44% vs. 35%).

Section 4

Protecting minors from accessing adult content

4.1 We have significant experience of regulating content that is unsuitable for children on broadcast television and radio services. Through our co-regulatory relationship with ATVOD we also have experience of regulating adult content on notified video on demand services. This section sets out details of some of our experiences of regulating this type of content on these services, which may be useful for the Committee. While Ofcom has no statutory role to regulate online services to protect children from accessing adult content, outside of television channels delivered on the internet and notified ODPS, this section also sets out some relevant research findings regarding adults’ and children/parents’ media use and attitudes that complements our understanding of this sector.

Ofcom’s experience of regulating television and radio broadcast services

4.2 Under Section 319(1) of the Communications Act 2003, Ofcom has a statutory duty to set standards for broadcast content as appear to it best calculated to secure the standards objectives. These standards are set out in Ofcom’s Broadcasting Code (“the Code”) in the form of rules which broadcasters must comply with. These standards objectives include: “that persons under the age of eighteen are protected”.

4.3 Ofcom considers the standards it has set for the protection of children, as set out in Section One of the Code, to be amongst the most important. The Code includes rules which help ensure the protection of minors from harmful content and from material that is unsuitable for them (covering content such as drugs, smoking, alcohol, violence and dangerous behaviour, and offensive language).23 It also has rules that specifically relate to protecting children from sexual material, including prohibiting the broadcast of material equivalent to the British Board of Film Classification (BBFC) R18 rating and requiring “adult-sex material”24 to be shown only between 10pm and 5.30am and behind mandatory restricted access.25

4.4 Ofcom has sanctioned a number of adult-chat broadcasters for broadcasting sexually explicit material without the relevant protections.26 For example, in November 2010 Ofcom imposed a financial penalty on Bang Channels and Bang Media (London) Ltd totalling £157,250 in respect of multiple breaches of the Code and licence conditions by the adult chat and daytime programming on these services. Ofcom concluded that the licensees had been operating a wholly inadequate compliance system which amounted to manifest recklessness. Ofcom revoked all the licences held by these licensees on the basis that they were no longer fit and proper to hold those licences.27

Ofcom’s experience of co-regulation for on-demand content

4.5 ATVOD has published Rules and Guidance to ensure compliance of all notified ODPS with certain minimum standards.28 Rule 11 of the ATVOD Rules reflects section 368E(2) of the Communications Act and states that, “if an on-demand programme service contains material which might seriously impair the physical, mental or moral development of persons under the age of eighteen, the material must be made available in a manner which secures that such persons will not normally see or hear it”.

4.6 ATVOD has adopted a precautionary approach to its interpretation of the wording of the Act and includes R18 material (or material equivalent to content classified in that category) as “material that might seriously impair”. Therefore R18 material or R18-equivalent content should only be made available in on-demand programme services in a manner which secures that persons under the age of eighteen will not normally see or hear it.

4.7 In the past year Ofcom has imposed financial penalties on three ATVOD notified ODPS for a breach of Rule 11. These sanctions were imposed on the services “Playboy TV”,29 “Demand Adult”30 and “Strictly Broadband”31 after these services provided R18 equivalent material without adequate measures in place—a content access control system—to ensure that those under 18 would not normally see or hear it.

Relevant research findings regarding online services

4.8 Paragraphs 3.12 to 3.20 set out some relevant research findings from Ofcom’s recent Media Literacy research into adults’ and children/parents’ media use and attitudes, which looks at the behaviour and experiences of children and parents online.

4.9 Our research indicates that the majority of parents use a combination of mediation strategies to help keep their children safe online. Over four in 10 parents have parental controls installed, and feel that their children are safer as a result.

4.10 Most parents report that they know enough to keep their child safe online, but around half of parents continue to feel that their child knows more about the internet than they do, including 14% of parents of children aged 3–4. This may reflect the fast pace of technological change and the ease which younger children in particular can embrace and explore new mobile technology and apps and suggests that parents need continuing support to build their own skills and confidence.

4.11 Our research also shows that despite the vast majority of young people stating that they are confident internet users and that they know how to stay safe online, there is an increase in 12–15s undertaking risky activities online. A substantial minority of 12–15s have a social networking profile which may be visible to people not known to them and this has increased since 2012 (33% vs 22%). These children are more likely to be in the 15% who have undertaken some kind of potentially risky online behaviour such as adding people that they don’t know in person or sending photos or personal details to people only known online.

4.12 Some of these activities may be difficult to manage through technical controls; this reinforces the importance of developing children’s media literacy skills—to help them analyse and assess content, and manage the potential risks and unintended consequences of online activity—irrespective of technological changes.

4.13 How to protect children from the risk of exposure to harmful content online is an issue that has been closely considered by UKCCIS. There are already examples of industry-led approaches to support the protection of minors from such content. For example: all major ISPs provide customers with parental control software either for individual devices or for the whole home, via network-layer filtering. All major ISPs recently committed to offering their customers a network-layer filtering option and search providers offer “safe” versions of their search results, which aim to exclude sexually explicit images and video. Paragraphs 3.17 and 3.19 include data on what technical method of control parents currently use.

4.14 Controlling illegal content and protecting minors from potentially harmful content are fundamental policy goals which require regulatory intervention, regardless of changes in technology and delivery of content.

4.15 The above findings highlight the importance of ensuring that any protection framework for online content should include a combination of the traditional standards protections and measures which provide the right framework for audiences to protect themselves and their families.

4.16 Convergence and the expanding consumption of connected devices will create further pressure on consumers’ understanding of the regulatory environment, of the practices they can expect of service providers and of their awareness of their own responsibilities.

4.17 There is therefore a task for the Government, regulators and industry to ensure the provision of clear information, education and a framework of personal responsibility through which individuals and families can exercise an informed choice.

4.18 Industry will need to play a vital role in ensuring consumers are provided with clear information, education and a framework of tools and controls through which they can manage their own and their children’s access to content. Such controls should be easy to use and find, and potentially available across all connected devices.

4.19 It is important to recognise, however, that the effectiveness and impact of online safety tools and content controls will depend on actions being taken by individuals and parents. Therefore, in order to ensure potentially harmful content is subject to comprehensive oversight, further consideration may be needed as to the roles and responsibilities of all industry players in the online environment.

Section 5

Preventing extremist and unlawful material

5.1 Ofcom has clear statutory duties to regulate extremist material on UK licensed broadcast services, including television channels delivered on the internet. We also have statutory powers to regulate such material for on-demand services notified in the UK. This section sets out some details of our experience of regulating this type of content, which may be useful for the Committee. Ofcom has no statutory powers to regulate extremist material on other online services.

Ofcom’s experience of regulating television and radio broadcast services

Material intended to incite hate

5.2 Ofcom has statutory powers to set standards to protect audiences from harm from religious extremism broadcast on television and radio. Rule 3.1 of the Code states that “material likely to encourage or incite the commission of crime or lead to disorder must not be included in television or radio services”. When considering potential breaches of Rule 3.1, a key factor that Ofcom takes into account is whether the content, as it was presented, contained a call to action which would be likely to encourage or incite the commission of crime or disorder.

5.3 Ofcom takes the issue of incitement to crime or violence extremely seriously. On the occasions where this issue has arisen, we have taken robust and appropriate action. For example, we have recently published four sanction decisions relating to the broadcast of material that was likely to encourage or incite the commission of crime (including hatred) and/or was abusive towards a religion or belief.32

Unlawful content

5.4 If a broadcast service includes unlawful content, such as child abuse images, this would clearly be a matter for the criminal justice system. Ofcom would therefore report any such activity and the licensee responsible to the relevant authorities. Ofcom also has statutory powers to act quickly in response to the inclusion of any such content.

Ofcom’s experience of co-regulation for on-demand content

Material intended to incite hate

5.5 Rule 10 in the ATVOD Rules reflects section 368E(1) of the Act and states that: “An on-demand programme service must not contain any material likely to incite hatred based on race, sex, religion or nationality”.

5.6 To date there have been no cases where ATVOD has breached a notified ODPS under Rule 10.

Unlawful content

5.7 ATVOD’s Rule 11 of the ATVOD Rules reflects section 368E(2) of the Communications Act and states that, “if an on-demand programme service contains material which might seriously impair the physical, mental or moral development of persons under the age of eighteen, the material must be made available in a manner which secures that such persons will not normally see or hear it.”

5.8 ATVOD’s Rule 11 captures content which is illegal, for example criminally obscene or indecent images. If content of this nature was included in a notified ODPS ATVOD would refer the service to Ofcom immediately. Ofcom would then immediately seek to suspend the service and notify the relevant authorities.

Ofcom’s role for online content

5.9 Other than the regulatory duties we have set out above, which relate to television channels delivered on the internet and notified ODPS, Ofcom has no statutory powers to regulate hate material or abusive images online.

5.10 Illegal material such as child abuse images are within the remit of two bodies in the UK. The Internet Watch Foundation (IWF) is a self-regulatory regime funded by telecommunications and internet companies, which works to restrict the availability of child abuse images online; and the Child Exploitation and Online Protection Centre (CEOP), is the UK Police body dedicated to eradicating the sexual abuse of children. CEOP tracks and seeks prosecution of offenders, such as those who create, distribute or consume child abuse images. These bodies work closely together under a formal agreement.

5.11 Extremist material online is a substantial concern and poses significant risk to UK citizens. This will continue to be a clear regulatory challenge for the future. Industry-led approaches and tools will continue to play an important role in protecting audiences from such harmful content online.

Section 6

Preventing abusive comments on social media

6.1 Ofcom has experience of regulating abusive content on television and radio services, which may be of assistance to the Committee, details of which are set out below. While Ofcom has no statutory role to regulate abusive content, outside of television channels delivered on the internet, this section also sets out some research findings regarding children’s behaviour and experience of online social media, which may be of both interest and use to the Committee.

Ofcom’s experience of regulating television and radio broadcast services

6.2 Ofcom’s Broadcasting Code contains rules which aim to protect audiences from abusive content on broadcast television and radio services. For example:

Rule 3.1 of the Code states that “material likely to encourage or incite the commission of crime or lead to disorder must not be included in television or radio services”;

Rule 4.2 states that “the religious views and briefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment”;

Rule 2.3 states that “in applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context. Such material may include, but is not limited to...humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation)”; and

Rule 7.1 states that “Broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes”.

6.3 Ofcom recently sanctioned the licensee Takbeer TV Limited for serious breaches of Rule 4.1 “broadcasters must exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes” and Rule 4.2 “the religious views and briefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment”. In this case the broadcast contained abusive statements about the Ahmadi Muslim community and beliefs.33

6.4 In addition, Ofcom has recorded a series of breaches of Rule 4.2 of the Broadcasting Code against the licensee Ummah Channel Limited for broadcasting abusive content on its service, Ummah Channel. This television channel broadcast programmes which included terms and references when taken together amounted to “abusive treatment” of religious views and briefs.34

Ofcom’s experience of co-regulation for on-demand content

6.5 ATVOD has no rules to regulate abusive content on notified ODPS, ie content that is not considered to be hate speech or material likely to incite crime, or does not amount to R18 equivalent material.

Relevant research findings of online services

6.6 Our Media Literacy research into adults’ and children/parents’ media use and attitudes indicates that for the first time there is a decrease in the number of children with social networking profiles and there appears to be greater diversity in the types of social networking sites being used.

6.7 Other relevant findings include:

Compared to 2012, children are less likely to know how to block messages from someone they don’t want to hear from (53% vs. 68%) and to have done this in the past year (32% vs. 42%).

19% of 12–15s say they personally have had a negative experience, other than bullying, of online or mobile phone activity in the past year, where the most likely experience is gossip being spread (13%).

Girls aged 12–15 are more likely than boys to have experienced gossip being spread about them online or through texts (17% vs. 10%) or to have seen/received something troubling online like a chain letter or something that makes them feels scared (4% vs. 0%).

Girls aged 12–15 are more likely than boys to say they know of someone who has been bullied through a mobile phone (33% vs. 20%) and to say they have experienced bullying in this way (12% vs. 3%).

Almost one in ten 12–15s and one in twenty-five 8–11s say they have experienced online bullying in the last year.

Since 2012, those aged 12–15 with an active social networking profile are more likely to have a profile on Twitter (37% vs. 25% in 2012).

6.8 The above findings highlight further the importance of providing consumers with clear information, education and the right framework through which to protect themselves and their families from potentially harmful content of this kind.

6.9 As already stated, self-regulatory approaches will continue to play an important role in providing this framework in order to help protect adults and children in an online world. For example, there is increasing responsibility for industry to provide consumers with effective reporting tools, community standards or terms of use; and the need for transparent and demonstrably effective procedures for handling complaints and removing non-compliant content. It should be clear to consumers how to complain or what action to take if they see or hear content that is harmful or unsuitable for children.

6.10 The research findings also highlight the importance of providing children in particular with the right tools and media literacy skills to address this issue and understand the potential risks.

October 2013