[Intl-tobacco] UK: ISPs fight tobacco ad bill

[Robert Weissman]

This is an issue the tobacco control movement will need to sort out
quickly.

-- 
Robert Weissman	<rob@essential.org>
Essential Information
P.O. Box 19405, Washington, DC 20036, USA
Tel: 1-202-387-8030
Fax: 1-202-234-5176
www.essential.org

ISPs fight tobacco ad bill
by Carlos Grande and Jean Eaglesham / in London
Source: Financial Times, Tuesday, 5/1/01

Internet service providers are lobbying the UK government to amend the
tobacco advertising bill, which they believe sets a dangerous precedent by
treating them as publishers, rather than simply conduits for information.

The Internet Service Providers' Association will argue before UK ministers
next week that the bill contradicts European regulations and could create
a framework for making providers liable for content accessed by their
customers via the internet.

The position conflicts with that of campaigners such as Lord [Parry]
Mitchell, the so-called Labour "e-lord", who want ISPs to take more
responsibility for filtering out illegal content such as hardcore
pornography.

The argument will be seen as a test case for future government regulation
of ISPs.

The European Union's e-commerce directive identifies ISPs as "conduits"
for material and argues that they are obliged only to take down material
posted on related websites once they have been notified.

However, the tobacco advertising and promotion bill, currently in the
Lords, defines the internet as a publishing medium. It would make it an
offence for an ISP to carry tobacco advertising, although there are
several defences, including if an ISP unknowingly published.

Nick Lansman, secretary-general of the ISPA, said: "We are very concerned
about this bill. We feel the whole process of notice and take-down [of
material] works sufficiently and that ISPs should not be considered as
publishers.

"The same arguments apply whether you're talking about tobacco advertising
or the adoption act or anything else," Mr Lansman said.

The Department of Health said it would listen to industry representations,
but officials are thought to be against making an exception for the
internet.

Lord Mitchell said: "If it is a crime for an ISP to knowingly carry
tobacco advertising, when it is made illegal, then why should it be
different from an ISP which knowingly transmits pornography which is
illegal? It's the same issue.

"They shouldn't be let off the hook. These companies have to take
responsibility."

Lord Mitchell, who is also chairman of Syscap, which provides financing
for information technology equipment, predicted there would be a backlash
by parents against providing computers to schoolchildren unless internet
pornography was controlled.

"This is a big market for the IT sector, particularly with broadband
coming, and it would only take a few cases of abuse to create a backlash."

However, Lars Davies, a research fellow in internet law at the University
of London, questioned how the policy could be enforced.