FAQ: Age Verification and Site-Blocking Requirements 
What is the legislation?

This new legislation will require commercial online pornography websites to introduce age verification tools that ensure that access is limited to people aged over 18.

This requirement is underpinned by a new regulatory system, managed by the British Board of Film Classification (BBFC), the same body that sets age classifications for films. The regulator will set the standard for age-verification processes and assess whether sites are compliant. Should sites fail to comply with this legislation, the regulator will take steps to promote compliance, including co-ordination with payments providers and/or ancillary services to enable them to withdraw their services from infringing websites.

However, should sites continue to fail to comply, the regulator will require ISPs and mobile network operators with more than 100,000 residential subscribers to block access to all users, irrespective of age.

How will TalkTalk comply?

TalkTalk will be complying with this legislation. We have been fully engaged in industry-Government discussions over the past year and have regular discussion with the regulator to ensure that our plans meet compliance requirements.

Any non-compliant sites will be blocked through the TalkTalk DNS platform, meaning that any customers using the TalkTalk DNS will no longer be able to access these sites. This process will follow a similar format to how we currently implement blocks such as copyrighted material.

TalkTalk will be notified by the BBFC as the regulator of a non-compliant site and then will have three working days to implement this block. The regulator will send out notifications on a scheduled basis.

Are business services covered?

The legislation does not require business-to-business services to implement blocking processes. However, TalkTalk will be applying the block at a DNS level so business-to-business services which use the TalkTalk DNS will also block non-compliant sites. This avoids the risk of under-18s being able to access these sites via our business services.

When will the changes take place?

The legislation is due to come into force on 15th July 2019. ISPs will likely start to receive the first notifications to block a site within the few weeks from this date.

Whose responsibility is it to verify an end user’s age?

It is the responsibility of the entity that owns and published the adult website to verify the users that are accessing the site are over 18.

The BBFC’s guidance outlines good practice, such as offering a choice of age-verification solutions to consumers. It includes information about the requirements that age-verification services and online pornography providers must adhere to under data protection legislation, and the role and functions of the Information Commissioner's Office (ICO).

What will happen if an end user tries to access a blocked site whilst using TalkTalk DNS?

The end user will be redirected to an unbranded block page that states has the following message;

 “The Age Verification Regulator has required this site to be blocked as it does not comply with the requirements of the Digital Economy Act 2017.

You can find out more about why this site has been blocked at: www.ageverificationregulator.com”.

What do Partners and Customers need to do?

Any Partner or Customer using the TalkTalk DNS will not actively need to be involved with any discussions with the regulator or take any actions around the blocking of non-compliant websites. However, it would be wise to brief Call Centre Agents in case they receive any calls about blocked websites. This applies to all Managed (Layer3) ADSL or FTTC products from TalkTalk Business.

You may also consider producing a similar FAQs for your own staff and customers, to advise of this change.

Will the DNS blocks be effective?

Across Government, the regulator and industry, there is a recognition that site-blocking solutions can never be 100% effective, and those determined to access sites may still do so via other means.

However, the regulator has advised that DNS site blocking is an appropriate method to help stop young children, who may accidentally visit inappropriate sites or receive links to content by other means, from viewing content which is harmful to them.

Current processes regarding blocking online child sexual abuse images remain in place and will not be affected by this new process.

Can I opt out?

TalkTalk is legally required to comply with this legislation, and therefore applying these blocks via our DNS are required by law. If any end user is using TalkTalk DNS then any sites that we are required to block will become unavailable.

Is this in breach of net neutrality obligations?

No. The legal framework was created by the Digital Economy Act and the Government’s position is that it is not in conflict with EU net neutrality obligations or the terms of the Open Internet Code, of which Ofcom remains a member.

Will these rules apply to every porn site?

Yes. All sites are expected to comply with the legislation. However, the BBFC is expected to focus its enforcement on the largest sites in its first year so enforcement will be an ongoing process.

Will it only apply to British sites?

No. The legislation will apply to sites which operate in the UK, regardless of whether the owners are based overseas.

More information

The British Board of Film Classification is the designated regulator and you can read more about the policy on their website www.ageverificationregulator.com.