Internet Watch Foundation

73 per cent of network managers would not report illegal images of children to the police, despite internally disciplining the employee committing the offence, according to research released today from the Internet Watch Foundation.

 

The research of 1000 senior IT professionals at the UK’s leading companies also highlighted that 87 per cent of those interviewed were not aware of changes to the UK law and guidelines on handling child abuse content found on their networks.

 

Despite 68 per cent of respondents believing they understood what constituted a potentially illegal image of a child, only a quarter were able to give the correct age of a ‘child’ in this context – currently 18, making indecent images of children aged 16 and 17 illegal.

 

The Memorandum of Understanding between the Association of Chief Police Officers (ACPO) and the Crown Prosecution Service (CPS), announced today, outlines the specific circumstances under which IT professionals could claim a defence under the new legislation.

 

This defence is intended to reassure people such as staff in Internet Service Providers (ISP) and systems management who may have a role in identifying and securing such data for evidential and investigative purposes, that they can do so without fear of prosecution.

 

The Sexual Offences Act (SOA) 2003 came into force in May 2004 and reverses the burden of proof for individuals who download potentially illegal child abuse images.

 

It also introduces a conditional defence to any such allegation to protect IT professionals who, may need to “make”, download and save potentially illegal child abuse images, as evidence, in order for the content to be assessed by either a Law Enforcement Agency or other ‘relevant’ body such as the IWF.

 

“The results of the survey came as something as a shock, but are indicative of the lack of understanding and fear when it comes to the topic of illegal images,” explained Peter Robbins, Chief Executive Officer at the IWF.

 

“It is vital that any organisation providing internet access to employees understands how to deal with these types of images. Company policies must be in line with current UK legislation and internal procedures should be clearly and regularly explained to staff.

 

We know that no UK company condones illegal practices, more especially when it means images of child abuse, but we need to educate IT managers as to the correct procedures.”

 

Any individuals convicted of intentionally downloading paedophilic material for reasons unrelated to the law, can be liable for up to 10 years imprisonment if prosecuted.

The two relevant sections of the Sex Offences Act 2003 and the MoU is available here

 

Research conducted by Blue Donkey Ltd