Memorandum submitted by Action on Rights
for Children
The Digital Economy Bill:
Proposals to restrict or suspend Internet access
ARCH is a children's rights organisation with a particular
focus on the effects of developments in Information Technology
on children's privacy, consent and data protection rights.
The Digital Economy Bill sets out amendments to the
Communications Act 2003 to permit the imposition of sanctions,
including restriction or suspension of broadband access, where
it is believed that a network has been used to download material
unlawfully.
We believe that the proposals are manifestly unfair
and disproportionate, and that they fly in the face of Government
policy on education and social exclusion. Their impact upon children
does not appear to have been considered and we can only assume
that no discussion has taken place with the Department for Children,
Schools and Families.
Fairness and proportionality
On a broadband network it is impossible to identify
which particular member of a household has downloaded illegal
content - or indeed, whether any member at all has done so. However,
the proposals will affect every member of a family, regardless
of guilt or innocence.
Not everyone is aware of the need to secure their
network connection, particularly when they have little knowledge
or experience of information technology. In particular, those
receiving help under the Home Access programme, which we discuss
below, are almost by definition likely to come into that category.
Unsecured networks are always vulnerable to network 'piggy-backing',
a problem that is likely to increase if bandwidth restriction
and account suspension are introduced. If families face penalties
because of the unlawful activities of a stranger, they are in
effect being punished for being victims.
Parents and children can be confused by the range
of sites offering downloads, and insufficient education is provided
about how to distinguish between sites offering legal and illegal
content when both are equally available. Moreover, it is fair
to say that most people, especially children, have scant knowledge
of copyright law and are not always aware of potential infringements.
Will a child realise that it may be wrong simply to accept a file
from a friend?
It is not good enough merely to say that providers
should give families 'advice' on these matters (Clause 4(5)) when
an infringement notice is served. It can be difficult to master
new technology, and it is easy to forget how intimidated new users
may already feel. This is all the more likely where parents have
learning difficulties or are not used to engaging with written
material. Such families are also more likely to be amongst those
with low family incomes, and who are thus the least able to pay
financial penalties. Being required to provide 'advice' in an
infringement notice does not necessarily correspond to ensuring
that the advice is comprehensible to the recipient.
The only redress that a family will have against
suspension is to appeal against a decision taken by the Secretary
of State. Again, this will have a disproportionate effect upon
those who simply do not understand what is happening. Executive
orders are a cost-cutting measure which put the individual to
the expense and inconvenience of making an application, rather
than being given the opportunity to respond to allegations. In
our view, such a drastic step as suspension should only be taken
following consideration of all the relevant factors by a court.
This protection is particularly important for children, who have
no locus in law to challenge a decision and are reliant upon their
parents to do so. A court hearing would provide an opportunity
for consideration of the impact of suspension upon the children
of a family.
The potential effect on children's education
Given the content of this Bill, it is surprising
that the Government has recently announced the launch of its 'Home
Access' programme[56],
designed to give laptops and Broadband access to more than a quarter
of a million families who cannot afford to buy them. We welcome
this scheme because we are aware that children without a home
internet connection face considerable disadvantages.
The Home Access programme is designed to ensure that
all children and their parents are able to use the internet on
the basis that:
"There are still a significant number of learners
who lack access to a computer and internet at home. It has been
shown that home access can enhance learner achievement, increase
motivation and improve parental engagement, which in turn raises
their children's attainment. Recent evidence has also suggested
that having home access to a computer could help learners achieve
a two grade improvement in one subject at GCSE." [57]
As the Schools Minister, Jim Knight MP, said in March
2009:
"It is impossible to overstate the importance
of IT to today's children...It is vitally important that we close
the digital divide and do not allow it to swallow children from
families who may not be able to afford a computer or the internet.
We will support these families to ensure that the educational
and social benefits of 21st century technology are available to
them." [58]
Since 2003, when the Communications Act was passed,
Internet access has come to play an increasingly vital role in
education. It is no longer a luxury item, nor an optional extra
in education provision. The Internet itself provides a rich source
of learning materials, and many schools place curriculum content
online to give pupils access out of school hours. Some organise
student support groups online to enable pupils to discuss homework
assignments.
Internet access also promotes the development of
effective home-school partnerships by giving parents ready access
to school information online, and providing a ready means of communication
with their child's teachers. The DCSF points to research demonstrating
that internet access boosts children's educational achievement
by increasing their parents' involvement with their education
and schools. Indeed, its recent Home Access programme announcement[59]
says that:
'The Government is currently legislating to make
reporting to parents online by 2012 a legal guarantee in the Children,
Schools and Families Bill.'
It is extraordinary that the Government, which has
repeatedly underlined its commitment to education, could consider
sacrificing to the demands of industry children's access to an
educational resource which it quite rightly identifies as vital.
The restriction or suspension of broadband access would not merely
be inconvenient for children; it would damage their education.
As such, the proposals in our view engage Article2 Protocol 1
of the European Convention on Human Rights[60]
and Articles 28 & 29 of the UN Convention on the Rights of
the Child[61]. We are
not aware that the Government has considered these implications.
The potential effects on young people
It is not only school pupils who would be disadvantaged
by lack of Internet access. Government-commissioned research into
the needs of young people who are not in education, employment
or training identified "lack of home access to computer
and Internet" as a significant barrier to service use,
recommending that this problem is solved by "Provision
of technology at home along with connectivity and help in using
IT"[62].
The number of young people who are classified as 'NEET' has remained
unacceptably high and has been further aggravated by the current
recession. Any policy that may increase the obstacles that such
young people face is simply unacceptable.
Social Exclusion
The role that availability of home access to IT plays
in reducing social exclusion has been identified by a Ministerial
task-force on home access to technology:
"Strong evidence exists for the potential
educational, economic and wider benefits of home access to technology."
[63]
Indeed, it was in direct response to that task-force's
final report that the Home Access programme was originally established.
Those without Internet access also face other kinds
of social exclusion. It is commonplace for children and young
people to make arrangements for social activities via social networking
sites and email. Depriving them of these facilities hinders the
development of their friendships and social activities.
The effect on parents will have a significant impact
upon their children. Those parents who arrange to work at home
via the Internet in order to be available for their children outside
school hours will be faced with the problem of finding child-care;
those who run small businesses will be deprived of their source
of income. Both of these eventualities will inevitably increase
child poverty.
If the Government is serious about increasing digital
inclusion, it needs to take rather more effective steps to ensure
that families fully understand the potential pitfalls. Otherwise,
schemes such as 'Home Access' may become something of a poisoned
chalice. The government also needs to acknowledge that if it intends
functions and services to be moved online, it has a corresponding
responsibility to ensure that nothing prevents access to them.
The proposals set out in the Bill are disproportionate,
draconian and manifestly unjust. They will penalise the innocent,
damage children's educational opportunities, aggravate poverty
and social exclusion and undermine government policy in other
areas. In our view, they need far wider consideration in the context
of overall government policy. File-sharing cannot be treated as
a standalone issue when the proposed remedy for infractions has
far-reaching implications for education and social exclusion policy.
The Government's approach as set out in this Bill appears incoherent,
and we fervently hope that Parliament does not allow it to pass
in its present form.
January 2010
56 'Free laptops and broadband for 270,000 families
across the country in ground-breaking scheme'; 11th January 2010.
http://www.dcsf.gov.uk/pns/DisplayPN.cgi?pn_id=2010_0011 Back
57
Home Access programme website: http://schools.becta.org.uk/index.php?section=oe&catcode=ss_es_hom_02&rid=15871
5 'First families receive computers
under Home Access Programme': http://news.becta.org.uk/display.cfm?resID=39686
6 'Free laptops and broadband…'
etc. op.cit
7 Article 2 Protocol 1 http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_3#sch1-pt2
8 Article 28/29 UNCRC: http://www2.ohchr.org/english/law/crc.htm#art28 Back
59 58 Back
Back
61 60 Back
Back
62
'Digital Exclusion Profiling of Vulnerable Groups: Young People
not in Education, Employment or Training.' Citizens Online and
National Centre for Social Research for the Department for Communities
and Local Government, October 2008 Back
63
'Extending Opportunity: Final Report of the Minister's Taskforce
on Home Access to Technology', July 2008
Back
| 
