Pornography website access could be restricted by passports under new proposals

Passports, drivers’ licences and “live selfie” pictures similar to those used in online banking could be required by pornography providers as a means to verify age under forthcoming Irish rules.

While the online safety code, armed with potential fines of up to €20 million, would not cover the world’s biggest porn sites based abroad, regulators believe steps taken here could set the pace for broader European efforts.

The draft code, currently out to public consultation, is part of an armory of Irish and European laws and regulations aimed at applying stringent self-regulation to video-sharing platforms.

“That’s really our objective for 2024: that by the end of it we can look back and say things are better now for the public than they were at the beginning of the year,” said Jeremy Godfrey, executive chair of Coimisiún na Meán, the recently-established regulator that will enforce the code once it comes into force later this year.

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A finalised code will make digital services legally accountable for online safety as part of a framework that includes the new EU Digital Services Act and the EU Terrorist Content Online Regulation.

Various areas of harmful online content, particularly with regards to children, are included, such as cyberbullying and material that promotes suicide or eating disorders.

Platforms will have to block illegal content, including incitement to hatred or violence, and develop “media literacy” tools to help people recognise disinformation and misinformation. However, the draft code is lacking in specifics, with the onus placed on platforms to design and account for systems that deliver on obligations.

Regarding pornography, the code demands “robust age-verification technology”. While not setting out what that would ultimately be, the draft looks at existing techniques that include document-based age verification, possibly of a high level such as passports or drivers’ licences.

There could also be the use of “live selfies”, similar to those used in online banking to ensure they have been taken and uploaded in real time, as well as biometric age estimation techniques.

“It’s up to them to design it and we are more concerned about the effectiveness than the details,” said Mr Godfrey.

“What we are proposing is that they should have to not only be transparent about what techniques they are using but they should also have to measure the effectiveness of it and report on what percentage of children are able to circumvent it.”

While such approaches could prevent or reduce underage access, the code deals only with providers based in Ireland, thereby excluding major pornography sites elsewhere.

“But they will, I suspect, over time be subject to very similar rules [at a European level]. I think people do look to Ireland to some extent as being a bit of a leader in this because we have so many of the big platforms,” Mr Godfrey said.

“We have taken a lot of effort to make sure that both the European Commission and our counterparts in other member states had a lot of input.”

In an online explainer accompanying the draft code, Coimisiún na Meán addressed what the code might do in relation to last year’s violent Dublin riots – content intended to incite violence or hatred is illegal.

“Platforms will be obliged to prohibit the uploading or sharing of this content,” it said. “Platforms will also have to provide effective media literacy measures and tools for users. These tools can help users to recognise misinformation and disinformation.”

Similar to age-verification techniques, specifically how platforms assist people in doing so remains unclear, but will be under the watchful eye of the regulator by the end of 2024.

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