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British Govt Warns ISPs Over Illegal Adoption Ads
Sylvia Dennis, Newsbytes News Network
January 23, 2001
The British government has taken the unusual step of warning UK
Internet service providers (ISPs) of the requirement for them not
to carry advertisements for illegal adoption agencies and services.
The warning, issued by the Department of Health, follows the controversy
over the Internet adoption of two baby girls from the US by Alan
and Judith Kilshaw, a married couple from North Wales.
In that case, which has hit the headlines this last week, the couple
had paid several thousand dollars to a US mother for the rights
to adopt her twins. The case hit the headlines after two other couples
laid claim to the babies, saying they too, had paid money to the
twins' mother.
A spokesperson for the Department of Health, told Newsbytes that
the government has warned ISPs in the UK that only authorized adoption
agencies and local authorities can legally advertise for adoption.
In addition, the Department says that, if an Internet user displays
an illegal advertisement on its service then it too is guilty of
an offense.
The warning, made in a letter by John Hutton, the British minister
of state for health, to the Internet Service Providers Association
(ISPA), has been met by comments from the ISPs that they cannot
be held responsible for content posted by customers.
However, an impasse may be developing, as Hutton's letter - copied
to the Internet Watch Foundation - reminded Internet companies that
may be in breach of UK adoption laws if they have actual knowledge
that they are storing any material for an illegal adoption Web site.
A spokesperson for the Department of Health told Newsbytes that
the UK's Adoption Act of 1976 makes it clear that only local authorities
and voluntary adoption agencies approved by the British Secretary
of State may advertise children for adoption.
"The letter to the ISPA is intended to help UK-based ISPs stay within
the law. We don't expect ISPs to take any action to seek out illegal
adoption Web sites, but we do expect ISPs to remove them immediately
if they become aware of them," she said.
In the letter, Hutton told UK ISPs that they "will be aware of the
considerable press and public interest in children being advertised
for adoption on the Internet.
"I am writing to alert you that I have received legal advice that
if a UK based ISP has actual knowledge that they are storing any
material which breaches Section 58(1), they must remove it. If they
do not do so they are committing an offense and may face prosecution,"
said the letter.
"Section 58(1) of the Adoption Act 1976 provides that it is unlawful
for any advertisement to be published indicating:
(a) that the parent or guardian of a child desires to cause a
child to be adopted;
(b) that a person desires to adopt a child; or
(c) that any person (not being a local authority or voluntary
adoption society approved by the Secretary of State) is willing
to make arrangements for the adoption of a child."
Hutton finished his letter by saying that the law applies equally
to the Internet as it does to any other medium.
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Reported by Newsbytes.com
COPYRIGHT 2001 Newsbytes News Network
COPYRIGHT 2001 Gale Group
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