ATVOD | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Wed, 14 Oct 2015 16:29:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png ATVOD | KitGuru https://www.kitguru.net 32 32 ATVOD is no more, OfCom to take over regulation duties https://www.kitguru.net/channel/jon-martindale/atvod-is-no-more-ofcom-to-take-over-regulation-duties/ https://www.kitguru.net/channel/jon-martindale/atvod-is-no-more-ofcom-to-take-over-regulation-duties/#respond Wed, 14 Oct 2015 16:29:28 +0000 http://www.kitguru.net/?p=271774 Authority for Television On Demand (ATVOD), the regulatory body for on demand TV platforms in the UK, like 4OD, BBC iPlayer and the ITV player, is set to close after just five years of operation. It's regulatory responsibilities, which lately have seen the organisation go after porn site operators, will be folded into OfCom, with …

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Authority for Television On Demand (ATVOD), the regulatory body for on demand TV platforms in the UK, like 4OD, BBC iPlayer and the ITV player, is set to close after just five years of operation. It's regulatory responsibilities, which lately have seen the organisation go after porn site operators, will be folded into OfCom, with that regulatory body seeing its power extended to include streaming content as well as potentially “tv-like” websites too.

Originally set up in 2010, ATVOD's purpose was supposed to be constrained to monitoring and policing on-demand content. However in the last 12 months, perhaps sensing that it wasn't useful enough to continue independent operation, it extended its own mandate and started going after pornography producers in the UK. It made a point of championing pornography filters and shutting down dominatrix directory sites.

Its reasoning at the time was that these services were “TV-like,” though it seemed telling that it targeted small time content producers rather than services like Netflix or Amazon with its ire.

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But life under ATVOD was so happy. What happened?

Whatever function ATVOD was performing though, it was clearly decided that it wasn't worth the money it was using – around half a million a year according to Sex and Censorship.

“Our task now is to make sure that our service to consumers and service providers remains of the highest standard during the remaining months of 2015 and to work closely with Ofcom to manage a smooth and seamless transition. We will do this with the professionalism stakeholders have come to expect of ATVOD over the past few years,” said ATVOD chair Ruth Evans.

So from 2016 onwards, OfCom will handle all on-demand streaming regulation too. The question is, will it too extend its own responsibilities and attempt to crack down on certain websites it deems immoral?

KitGuru Says: While I have more faith in OfCom than ATVOD, OfCom has a lot more financial and government backing than ATVOD ever did. If it did decide to go after websites, there could be some real trouble. 

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New porn laws force Dominatrix content takedown https://www.kitguru.net/channel/jon-martindale/new-porn-laws-force-dominatrix-content-takedown/ https://www.kitguru.net/channel/jon-martindale/new-porn-laws-force-dominatrix-content-takedown/#comments Wed, 06 May 2015 10:44:48 +0000 http://www.kitguru.net/?p=248248 When it was announced late last year that many forms of pornography were being banned in the UK, it caused quite a hubbub, even seeing many British pornographers staging mass face sittings outside parliament to protest the criminalisation of many female sex acts. However when it was realised that the viewing of such material wasn't …

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When it was announced late last year that many forms of pornography were being banned in the UK, it caused quite a hubbub, even seeing many British pornographers staging mass face sittings outside parliament to protest the criminalisation of many female sex acts. However when it was realised that the viewing of such material wasn't illegal, just the production, much of the buzz died down and people went back to their viewing habits as before. Those making the content can't rest so easy though, as two Dominatrix have now been hit by the new laws, with one forced to pull down their content and another now facing potential fines.

The content in question involved heavy whipping, which was deemed to have the potential to cause “lasting physical harm,” and in another instance, “repeated strong kicks to the genitals which appear to draw blood.” While these acts are perfectly legal to take part in within the UK, they are not legal to film. Due to the ruling, one Dominatrix, Megan Furie, has complied and apologised, while another, Misress R'eal has so far refused and faces potential criminal charges and fines under current legislation.

The group behind this latest crack down on British pornographers is the Authority for Television on Demand (ATVOD), which was initially created in 2010 to regulate the likes of BBC Iplayer, 4OD and other services. However it recently appointed itself as the regulator of “tv-like” websites too, including all streaming services and it's taken on the task of regulating pornography in the UK too, despite it having no ability to block content produced overseas, thereby making any takedowns it engages in an entirely pointless activity in terms of regulating access by the public.

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“Thank god the internet is safe from self-employed business owners taking part in consensual activities.”

Whether this is ATVOD deliberately putting its head in the sand while it barrels ahead, or if it's simple naivety is unclear, but what is, is how out of touch its spokespeople are. In a statement it said that the two websites it was currently looking to have content removed from, “went beyond that which could be sold only to adults in licensed sex shops.” As if that was how even a modest per centage of the populace still viewed their pornography.

What it does instead, is demonise a small but profitable sector of society that films entirely consensual acts. Many like Sex and Censorship's Jerry Barnett, believe this is part of a stigmatising of pornography and a campaign of censorship driven by greed and little more.

Discuss on our Facebook page, HERE.

KitGuru Says: The sad part is, both David Cameron and Ed Milliband have pledged to continue crackdowns on pornography. Amidst a debate across the globe about net neutrality, personal privacy, intelligence agency spying oversight and mass data collection, British politicians appear to care more about preventing people from looking at pornography that they think is a bit off centre.

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Porn, the new battleground for the internet https://www.kitguru.net/channel/jon-martindale/porn-the-new-battleground-for-the-internet/ https://www.kitguru.net/channel/jon-martindale/porn-the-new-battleground-for-the-internet/#comments Thu, 04 Dec 2014 17:40:48 +0000 http://www.kitguru.net/?p=224311 If there's one thing the internet loves, it's a good ol' fashioned brawl. We take on all comers too, whether you're a piece of copyright legislation or a woman dumping a cat in a bin; we'll probably win too. You wouldn't imagine it, but there's a lot pluck in this game playing, social networking, meme …

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If there's one thing the internet loves, it's a good ol' fashioned brawl. We take on all comers too, whether you're a piece of copyright legislation or a woman dumping a cat in a bin; we'll probably win too. You wouldn't imagine it, but there's a lot pluck in this game playing, social networking, meme factory, especially when it comes to things we love. Which is why it's so surprising that there's been little push-back on the British government's crackdown on what a lot of people consider the internet's main function: porn.

Pornography isn't something people give a lot of thought to of course, mostly because once they're finished looking at it they get on with something a bit more productive. But it's actually incredibly important. Being able to make it, view it and distribute it, is intrinsically linked with our freedoms of expressions and freedom to do what we want with our own bodies. Porn, both the consumption and construction, are very tightly linked to human rights.

And yet in the UK at least, those rights are being eroded. In recent years, obscenity has become the new scapegoat for many changes to the law which have gradually chipped away at the rights of individuals and businesses to view and produce pornography. It's now gotten to the point that on the 1st December, the Audiovisual Media Services Regulations 2014 came into play, which makes many sex acts illegal to film, including (but far from limited to) female ejaculation, spanking, and face sitting (more comprehensive list here).

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Pictured: Illegal porn

If that seems ridiculous to you, you're not the only one. Fortunately it won't affect consumers, but it does make it illegal to make that sort of content, which essentially means if you're in the middle of it and flick a camera on, you're breaking the law.

Of course though, none of this is news to those have been campaigning in an attempt to halt this progression of restrictive legislation, like Sex and Censorship's Jerry Barnett. In the wake of this recent ATVOD law being passed, we reached out to him to discuss the current state of pornography legislation in the UK and how it impacts our freedoms and basic human rights.

“There's a message that goes throughout government and regulators, that British parents are irresponsible and are failing to protect their children, and therefore they need to do it for us,” he said, when asked about the new legislation.

As a father himself, understandably Mr Barnett finds this concept insulting. But he's in a unique position to look at the issue, having been involved in the porn industry himself for the best part of a decade. Beginning as a web consultant in the 90's, Mr Barnett began working with pornographers – who needed some of the most demanding websites in the early days of the internet – and eventually began his own site in the early 2000s, which ran until 2012.

“Over the last decade, sexual expression has come under heavy attack,” he said, highlighting the growth of tabloid and government sensationalism. One example he drew up involved so-called, “rape porn,” which David Cameron pledged to make illegal following a few weeks of “moral panic.”

This wasn't the first time Mr Cameron has gone after pornography of course, with a big push to ban “extreme porn,” involving any form of violence (simulated or otherwise) as well as any act which could be considered physically damaging.

Clearly, the governments and regulators draw a line between this and more mainstream porn. When I asked Mr Barnett where he would draw the line if in power, he said that there was only one line and that was between people who agreed to be filmed performing those acts and those who hadn't.

“There's a spectrum of pornography, but the only line to be drawn is between consent and non-consent,” he said. “As long as everyone on camera has agreed to what's going on, that's a very clear line. Organisations like ATVOD, OFCOM and the BBFC, are drawing lines in a completely arbitray manner.”

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“Isnt' life better now we're being told what we can watch dear?

ATVOD is the group that has managed to push through the latest regulatory changes, giving itself much more power as the body that polices video on demand – though it recently extended its own (loose) definition to cover websites as well. It's reasoning for this latest crack down on pornography in the UK, is the same line that's toed by many groups that push to censor anything: ‘won't somebody think of the children.'

The specific power ATVOD has, derives from the EU's AVMS Directive, which 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.”

The problem, as Mr Barnett points out, is that there isn't actually much evidence to suggest that sexually explicit material does harm minors. In-fact, OfCom itself conducted studies in 2005 and 2011, both of which concluded that there was no real evidence to support the idea that watching porn at a young age causes moral or emotional impairment. In-fact in the context of sexual violence, the opposite was actually found, where those who had viewed porn as a ‘minor' were less likely to commit sexual violence as they aged.

So OfCom, the government and ATVOD want to censor porn on the basis that it harms minors, when there is no real evidence to suggest that it does. Which makes you wonder what this big push for a porn crack down is really about.

“Sexual expression is the canary in the coal mine,” Barnett said. “This is a general campaign by ATVOD to try and take control of the internet, which has been ongoing for several years.

“What this does, is lay the groundwork for much stronger censorship,”he said. “It essentially criminalises content that is viewable without proof of age, which makes 99 per cent of porn sites in the world illegal as far as UK law goes.

“What this does is create an atmosphere for stronger censorship, so ATVOD can now go and lobby the government and say all these millions of sites break UK law, we need ways to attack them.”

If this is all sounding quite familiar, it's because it's almost identical to the way the government has handled complaints and lobbying from groups like the MPAA, BPI and RIAA when it comes to piracy. All of them have managed to secure block orders against torrent websites, regardless of how much legal content they host. That too is an infringement on freedom of speech and expression. It's censorship and here, ATVOD is trying to do the same.

“All of these groups would like some way to add a site to a block list much faster,” said Barnett. Whether that will come to pass remains to be seen, but he's convinced that in the mean time we'll see sites having their ability to advertise pulled and eventually, a black listing of their URL.

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No word yet on whether having your own eSports team circumvents the rules…

Of course if you were of the cynical mind, this could all sound like a big conspiracy. Surely there aren't people actively trying to censor the internet through some obscure government body by making sure that no one can produce female ejaculation porn in the UK?

When I put this to Mr Barnett he agreed that there wasn't some Illuminati-like group behind it all, but suggested that that didn't make it any less dangerous.

“At the individual level it's people worried about a particular issue, but when you look at the bigger picture, there's certainly coordination between the grass roots groups that create a moral panic and regulators and people in government that pass laws,” he said. Adding, “There are absolutely people with a vested interest that know what they're doing.”

If all of this was about protecting children based around the moral standards of society, none of this new legislation would be required either. Since the 1850s, there's been the Obscene Publications Act, which makes it illegal to produce much of what the government considers “extreme” porn anyway. This law was refined in the 1950s to allow for a little more artistic expression (E.G. swearing in novels), but it has remained in place and allows the government to bring people forth on the charge of obscenity, leaving a jury to decide upon whether the person is guilty or not.

Except nowadays it's barely cited.

“The obscene publications act is used less and less now, because juries look at this stuff and don't judge it as obscene, making it very hard to get a prosecution,” said Barnett. “This is why the state has been introducing new laws which don't rely on a jury to decide, leading to more and more draconian censorship laws.”

All of this seems especially bizarre from a political stand point. Wasn't it just a few years ago that David Cameron was talking up the idea of a “big society,” with less government involvement. Apparently though, this is just business as usual for the Conservatives:

“Conservative party has always been an odd mix of pro-free market, liberal economics, but conservative moral attitudes,” said Barnett. “That's the strange coalition that the party has always been. Margaret Thatcher was a huge anti-porn advocate, but wanted the media to be deregulated.”

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Cameron has repeatedly praised Chinese filters for their ability to block porn, despite the country's heavy censorship

Barnett doesn't seem to have any political allegiance however, as during our hour long chat he slammed most politicians, suggesting that the majorty of them were naive and bowed too easily to moral panic. Specifically, he said that Labour had lost most of its libertarian qualities. “Which is a shame,” he said, “because it led a lot of the sexual revolution of the 20th century: decriminalising homosexuality, abortion, contraception and that kind of thing. That element of the left appears to be dead and if anything, modern day Labour is more socially conservative than the right, which is a very strange situation to be in.”

When I asked him if there were any parties that could be held up as examples of pro-sexual freedom, he highlighted the Pirate Party UK as being very for evidence based policy in all respects. Unfortunately though, as he pointed out, it's support base is far too small to consider it able to enact much change in the short term.

What Mr Barnett did believe could and should change in the near future, was sexual education. That, according to him, was how we avert many of the “problems” people associate with pornography.

“We have some of the worst sex education in Europe. It's so backwards that instead of better educating children, we try and censor the internet,” he said. “I do agree that we should be wary of children learning all about sex from pornography, but if you let children get to puberty without teaching them about sex, then that's what's going to happen.”

Barnett would like to see age appropriate sex education start much earlier, perhaps taking cues from other countries around the world which have a much more liberal view of sex. He was also keen to see education based around consent and mutual pleasure.

“Children should absolutely be taught – in sexual education and otherwise – that you cannot do something to someone else without their consent.”

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Other country's take it far more seriously. This is Argentina's giant ‘condom' to bring awareness to World Aids Day 2005

Whatever change we do make though, we need to take responsibility for our children's sexual attitudes and not blame pornography: “When kids hit puberty they become sexually interested and if they haven't been educated by then, then you haven't done a good job of parenting,” he said.

Of course this is the big crux of the argument, who's responsibility is it to manage young people's access to pornography? For Barnett, it's for the children's parents to handle.

“There are mechanisms to protect children and there always have been. ATVOD is very good at avoiding this issue: parental control software has been around for the better part of two decades, and it's getting better and is built into smartphones and tablets. If parents want to protect their children they can.

“For me personally, I don't feel it's necessary to implement parental controls on the machine of someone who's 14,15, but that's for parents to decide,” he added.

He went on to say that this is quite a common feeling among parents, with most giving their teenage children free reign on the internet.

“Parents aren't as scared of pornography as the newspapers and government tell them they should be and polls indicate that,” said Barnett. “Parents don't tend to block their teenagers' access,” he said, but pointed out that OfCom and other groups class those teens as children, which is why the regulators can make it sound like parents are being irresponsible and therefore recommend larger government oversight.

And it feels like such a shame, as in the government's red-mist of ‘protecting' the children, it's actually acting in a very sexist manner, which is likely to do more harm to the way people perceive women than pornography every could.

Along with banning female ejaculation (whilst leaving male ejaculation as totally above board) cracking down on the grass-roots adult film industry in the UK is essentially dampening female entrepreneurship.

“It's a fear of female sexuality,” Barnett continued. “I've met lots of women in porn and they are typically liberated, happy people. They are sexually liberated women and that sort of woman has always been hated. Most of the money in the industry goes to women and the sex industry as a whole has always largely been controlled by women, which is by and large the case today, especially with the internet.”

“If you look at webcams,” he said, “there's no middle man. That's self employed women connecting directly with the customer.”

Contrary to many people's perceptions of women in porn as victims, Barnett believes it's one of the most female empowering industries out there, even pointing to a Feminist Porn conference held in Toronto each year called FPCon.

Ultimately, Barnett sees ATVOD and the government's recent actions as a misguided but deliberate crackdown on female independence.

“Throughout history there have been swings against female nudity,” he said. “There's a recurrent idea that female flesh is dangerous and insights men to do bad things.

“In the past they would have said female sexuality brings the devil into your heart, whereas today they would describe it as objectification. It's just a more modernised form of non-evidence based arguments.”

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It doesn't matter, they're both equally illegal in British porn
Too conclude our chat, I asked Mr Barnett what he would like to see in the future. While the one closest to us seems a bit bleak on the censorship front, does he have hope for something better?

“Culturally, we need to establish that bigotry against sexual women is as bad as any form of prejudice,” he said. “Racism, sexism etc. Slut shaming is just incredibly common and acceptable and that needs to stop. Women should be allowed to be sexual beings if they want to.

“From a legal point of view, there's loads that could be done though. We have a whole raft of stupid laws we don't need. In the long term, I'd like to see a first-ammendment type law, which would actually protect free expression in the UK. As it stands, it's always in favour of censorship and that needs to change. It should be illegal to censor unless you can come up with a good argument for it.”

He closed on a warning however, stating: “This anti-porn panic is going beyond that and becoming a generalised witch hunt which goes far beyond sexual expression, targeting page 3 and the banning of offensive speech on university campuses.

“Porn is just one piece in the [censorship] jigsaw.”

I'd like to thank Jerry Barnett, head of Sex and Censorship UK, for chatting with me. You can read some of his own commentary on censorship one his official blog, Facebook and Twitter. Look out for his book, Porn Panic, soon.

If you'd like to help Mr Barnett achieve his goal of reversing British censorship, you can get in touch with your MP and ask them to stand against legislation like the AMSR. There's also an online petition that you can sign, asking David Cameron to remove restrictions for on-demand porn.

KitGuru Says: Porn has been at the forefront of our society's freedoms for decades. Larry Flynt, the founder of Hustler famously took a bullet for those freedoms. We should at least email our MP about it.

Image source: Wikimedia, Richard Shatzberger

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UK government continues to crack down on porn sales https://www.kitguru.net/channel/jon-martindale/uk-government-continues-to-crack-down-on-porn-sales/ https://www.kitguru.net/channel/jon-martindale/uk-government-continues-to-crack-down-on-porn-sales/#comments Mon, 24 Nov 2014 17:04:13 +0000 http://www.kitguru.net/?p=223230 Showing just how out of touch it is with the state of pornography, the British government is set to further limit how it can be sold in the UK, with new legislation set to come into play on the 1st December. It's called the Audiovisual Media Services Regulations 2014 act and while it won't have any …

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Showing just how out of touch it is with the state of pornography, the British government is set to further limit how it can be sold in the UK, with new legislation set to come into play on the 1st December. It's called the Audiovisual Media Services Regulations 2014 act and while it won't have any effect on the average porn consumer, anyone making and distributing it in the UK for monetary return, could find themselves limited more than before.

While a quick skim of the bill's major points makes it sound rather scary and restrictive, this is a piece of law with very little in the way of teeth. Firstly, due to it being pushed by  Authority for Television On Demand (ATVOD) it only really applies to on demand services, mainly things like hotels where a TV is involved. ATVOD has previously tried to extend this to websites, suggesting that they are “tv like,” but it has often failed, with many specific sites legally having themselves excluded.

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Where is your right hand Prime Minster?

However, initially at least, until others do the same, there are some that will find their ability to sell content online restricted if it strays from the norm. That is, fetish websites, or anything that wouldn't be given an 18 rating. That means, anything that involves degradation, physical harm and most forms of bondage – in a nutshell, imagine anything that a prudish MP might find distasteful and it's likely on the list.

This may mean the end of business for some dominatrixes or other online fetish production companies that can't get themselves excluded, but as SexandCensorship points out, chances are they've left the UK by now anyway, since previous laws have made selling that sort of material difficult.

KitGuru Says: The only silver lining here, is that it will have very little effect on consumers, since the last majority watch their online pornography on free sites, which much of David Cameron and co's anti-porn legislation has avoided, since he seems to think we're all still using paysites from the late 90s. 

Just watch though, this will be a further springboard to censor more pornography in time. For a government that was all about the “big society,” David does seem to be very concerned about all the porn we're supposed to be watching.

Image Source: Gareth Milner

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Porn filter champions accused of money grubbing by campaigner https://www.kitguru.net/channel/jon-martindale/porn-filter-champions-accused-of-money-grubbing-by-campaigner/ https://www.kitguru.net/channel/jon-martindale/porn-filter-champions-accused-of-money-grubbing-by-campaigner/#respond Mon, 31 Mar 2014 09:01:29 +0000 http://www.kitguru.net/?p=185105 There's a big anti-pornography campaign going on in the UK at the moment, with David Cameron using it as a way to curry favour with Chinese investors, media lobbies as a way to get more proxies and pirate sites blocked and the cries of “think of the children,” being used once again to censor the internet. …

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There's a big anti-pornography campaign going on in the UK at the moment, with David Cameron using it as a way to curry favour with Chinese investors, media lobbies as a way to get more proxies and pirate sites blocked and the cries of “think of the children,” being used once again to censor the internet. But campaigner Jerry Barnett, who runs Sex and Censorship, thinks that lobby/regulatory groups like ATVOD, are also hoping to make money out of the whole situation.

“I know ATVOD very well and it is first and foremost a money making venture,” Barnett told Wired. “It's quite a clever setup that has tax rating powers to regulate video on demand and they've decided to extend the definition of that far beyond other European countries. Its job should be to look at TV-on-demand services, like 4OD, but ATVOD has decided to massively stretch the definition to cover any site with video on.”

Indeed ATVOD's responsibilities aren't really supposed to extend beyond television, though technically it's played with that to the point it can apply it to ‘TV-like' platforms. It also has powers to crack down on hate speech or content that could be considered a corrupting influence, though seemingly as with all British up-tight law making, it's vaguely worded, as corruption on a moral scale is far harder to measure.

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Sex and Censorship promotes online freedom of information and sexual freedom in the UK

However Barnett still believes that ATVOD is simply using these extended definitions of its powers to curry more of it, with hopes it'll be given extra regulatory powers and therefore funding.

“ATVOD has turned itself into lobbying organisation,” said Barnett. “It's lobbying for laws that will empower them and stop them being irrelevant, to put it bluntly. It has already chased UK companies.”

Barnett believes that as well as encouraging parents to take a stand in regulating what their children view online – parental filters having been available for years from third parties – education is the way forward, suggesting that you can mitigate a lot of the issues pornography can cause if you can at least explain to your child what it's about. Better yet, talk to them about it before they watch it.

However CEO at ATVOD disagrees that his organisation is taking the wrong tack, insisting that it isn't trying to build a power base and is simply wanting to protect the British public's children.

“We haven't called for ourselves to be given any more powers at all,”  he said. “All we're interested in is protecting children [… ] We're not pitching for new work — I don't actually get up in the morning and think about money, whatever Barnett thinks. I get up in the morning and think about protecting consumers.”

Moving forward, ATVOD wants to see credit card information to be used to identify the age of porn viewers with any sites that don't comply added to a blacklist that is then removed from payment providers like Paypal.

KitGuru Says: Ignoring the fact that most of the big porn sites don't have payment systems at all, but operate because of ad revenue, people tend to forget that the internet, like unfiltered TV and movies, is not for children. You have to take an active role in what they watch on TV, so should you online. 

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