Few people in the UK are yet aware that for the past few years, the huge media regulator (and censor) Ofcom has had the power to regulate online video services. The EU’s Audio Visual Media Services Directive (AVMS) was intended to extend broadcast regulation to online TV catch-up services. In this country, Ofcom was tasked with implementing the directive, and promptly outsourced the job to a private organisation, ATVOD.
The regulations were originally expected to apply only to services such as 4oD and the BBC’s iPlayer; but ATVOD had different ideas, taking a far broader view of what constituted a “TV-like” service. ATVOD’s first move was to effectively wipe out the UK porn industry overnight by insisting British porn sites verify the age of all visitors before allowing them to see any naughty bits: a requirement so onerous that no site could possibly hope to implement it and stay in business (ATVOD claims the support of the “responsible” adult industry, but this in fact consists of TV and DVD companies who are delighted to see their online competitors closed down).
In the interest of full disclosure, mine was one of many businesses affected, and I closed my company in 2012. Playboy moved its core operations from London to Canada (losing UK jobs and tax revenues), and many smaller sites were simply forced to shut down. But the new regulation poses a threat far beyond the right to operate a porn site. All websites deemed TV-like by ATVOD are forced to pay the regulator a fee, and then become liable for implementing rules designed for large broadcast corporations. Breaching these complex rules can mean the site’s operator receives a penalty of up to £250,000.
Suddenly, individuals running video websites, or even YouTube channels, must conform to the same rules as the BBC, ITV, Channel 4, Channel 5 and Sky. The corrosive effect on free speech is potentially catastrophic. And this week, the threat proved to be more than theoretical.
The campaigning website UK Column, which reports on corruption within the British establishment, decided to remove all of its video content after being deemed an “on-demand programme service” by ATVOD. The site’s co-editor Brian Gerrish said: “This represents an immediate and dangerous attack on free speech on the internet and should be of massive concern to all Youtube users, as the government seems to be moving to censor individuals directly, putting them on the same regulatory footing as global corporations like the BBC and CNN. As a government agency, ATVOD’s clearly ﬂawed working practices and their alignment to the corporate media pose a direct threat to our personal liberty and freedoms.”
For 20 years, the Internet has threatened the power of the state and corporations to set the message. Ordinary citizens have become publishers of blogs, podcasts and videos. In Britain, this era of unprecedented free speech has now come to an abrupt end. The British state has signalled its intolerance for citizen broadcasters.
Pornography is the canary in the coalmine: it is the playing field upon which censors can hone their methods before turning their gaze elsewhere. The British press, from the Guardian to the Mail, and the political class from Labour to Conservative, has almost universally allowed the Porn Panic to proceed without question. And yet censorship powers developed for one reason can easily be reused elsewhere. This week’s events are a wake-up call to those who had not yet noticed that British democracy is in an increasingly weakened state. Free speech is in undeniable decline. This is no longer about the right to watch pornography: it is about whether Britain is losing the freedoms that are so fundamental a part of this country’s history.