Internet Watch Foundation

Draft Code

• Such content is brought to the attention of the IWF by external reports, from the public, police and CSPs via an internet hotline, or by active monitoring of areas of the Internet favoured by paedophiles. Both these functions are described below.
• From time to time the IWF will draw to its Members attention items of interest or concern that are not covered by this code.

• The hotline staff, who are trained by the police, assess all reports made in this way and will judge whether the reported content is potentially illegal.
• All content found to be potentially illegal is reported to the relevant Law Enforcement Agency (LEA).
• If the content is found to be potentially illegal and available via a website, club, group or community hosted by a UK Communications Service Provider (CSP), the IWF will notify the designated contact within the relevant Full Member company and request that the content is taken down.
• If the content is found to be potentially illegal and available via a newsgroup, all Full Members will receive a notification via the IWF newsgroup notification list requesting that the content is taken down.
• Details of potentially illegal child abuse images that are hosted outside of the UK are passed on to the relevant LEA in the UK in order that they can notify the relevant law enforcement authority in the country concerned via Interpol. Where one exists in the country concerned, the IWF will also pass on details to the relevant international hotline.
• If a URL, or part of a URL, is found to be potentially illegal, the IWF will notify designated contacts within member companies and, if registered in the UK, the relevant UK domain registration authority.
• Where reported content is not deemed to be potentially illegal, no further action will be taken.  More details about the hotline service and internal assessment are available at http://www.iwf.org.uk/public/page.31.htm.
   
   

• The hotline staff regularly monitor content in newsgroups in accordance with policy guidelines. Analysis of statistics obtained from this monitoring informs the compilation of these lists, which are updated and notified to ISPs on a monthly basis.
• these lists are not accessible to members of the public.  More information on this IWF policy is available at http://www.iwf.org.uk/corporate/page.49.231.htm.

WHO DOES THE CODE OF PRACTICE GOVERN?

• The Code governs the Full Members of the IWF. Such Members cannot choose to opt-out of the Code; it is compulsory for Members who fall into this category to adhere to the Code when they join.
• Full Members are defined as IWF subscribers that have the ability to take down on-line content.
• The IWF has other categories of membership, but such Members are not bound by the obligations of the Code because they do not host Internet content or provide access to newsgroups, and therefore do not have the capabilities to remove such content from the Internet. However, they agree to uphold the principles of the Code and must not act in such a way as to bring the IWF into disrepute.
• A list of all Members is available on the IWF website at http://www.iwf.org.uk/funding/page.64.htm.

• Upon receipt of notifications from the IWF, all Full Members agree to act within a reasonable time to take down the relevant content.
• Full Members are obliged to inform the IWF if there are reasonable grounds for not reacting to a notice within a reasonable time, or if they believe an error has been made in the notice.
• Law enforcement agencies and prosecuting authorities will make the final judgement should any dispute arise over the assessment of whether content is potentially illegal.
• All Full Members agree to abide by the IWF newsgroup policy recommendations detailed above and ensure that they regularly check the updated newsgroup lists.
• Full Members will make best efforts to ensure their news feeds are cleaned and updated with any changes on a periodic basis in accordance with IWF recommendations.

• The procedure for dealing with complaints, breaches of the Code and appeals can be found in the annexe attached.

• A sub-committee of the IWF Board will hear all such appeals associated with a warning, and will follow procedures laid out in the Board handbook.
• Full IWF Board will hear all such appeals associated with suspension of membership, and will follow procedures laid out in the Board Handbook.
• The procedure for dealing with appeals can be found in the annexe attached.

• The Code may be amended by the IWF through a Board resolution following appropriate consultation.   

• Full Members are obliged to inform the IWF if there are reasonable grounds for not reacting to a notice within a reasonable time, or if they believe an error has been made in the notice. 
• Law enforcement agencies and prosecuting authorities will make the final judgement should any dispute arise over the assessment of whether content is potentially illegal.
• Any complaints with regard to failure to comply with the Code of Practice will be received by the IWF Secretariat via secretariat@iwf.org.uk

• Following notification to the Member company, an investigation will be completed within 10 days.  Law enforcement agencies and prosecuting authorities will make the final judgement should any dispute arise over the assessment of whether content is potentially illegal.  Such judgements will be fully recorded and auditable.  In such circumstances, only if the final judgement was in favour of the IWF would the member therefore be in breach of the code. The Secretariat will report the outcome of any investigation to the Chief Executive who will review the findings and ensure the investigation has taken place in accordance with the procedures of the IWF.

• A sub-committee of the IWF Board will hear all such appeals, and will follow procedures laid out in the Board handbook.  The sub-committee will comprise of a minimum of three Board members and will not include members of the Executive Committee.
• The sub-committee may invite the Member company to make representations to it in person in order to clarify any matter or the Member company may request the opportunity to make such representations to the sub-committee.  The sub-committee may also invite the Secretariat to attend the appeal in order to clarify any matters.
• The sub-committee will notify the Secretariat and Member company in writing of the sub-committee decision within 10 days.

• The Executive Committee of the IWF Board will consider any serious breach of the Code presented to them by the Chief Executive and will follow procedures laid out in the Board handbook. 
• The Chief Executive will notify a member in writing of suspension and the reasons which resulted in that decision within 10 days.

• Upon receipt of notification of suspension, the Member company can appeal to the IWF Board.  Notification of an appeal must be made within 28 days of the date of notification of suspension.
• Full IWF Board will hear all such appeals, and will follow procedures laid out in the Board handbook. 
• Board may invite the suspended Member to make representations to it in person in order to clarify any matter or the suspended Member may request the opportunity to make such representations to the Board.  The Board may also invite the Chief Executive to attend the appeal in order to clarify any matters.
• Board will notify the Chief Executive and suspended Member in writing of their decision within 10 days.

• When a suspension of membership has been confirmed the suspended company’s logo and name will be removed from IWF web site and the company contact addresses will be removed from IWF circulation lists.  Suspension from membership will be shown on the news section of the IWF web site.
• All reference to IWF membership and any use of the IWF name or logo by the suspended company will cease immediately.
• At the time of suspension any outstanding pro rata portion of the suspended company’s annual subscription will be retained by the IWF.
• Following a period of suspension, reinstatement will only be considered when IWF have received assurances about improvements in company procedures with regard to the causes of suspension and reassurances have been received from the company with regard to their future behaviour.

Page Created: Thu, October 7th, 2004
Page Modified: Thu, June 29th, 2006

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