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Marshal8e6 Warns of Dangers for Business in Possession of Extreme Pornographic Images

 

February 4, 2009

LONDON, UK, 05 February, 2009 - Marshal8e6, the global provider of Web and email security technology, is alerting businesses to ensure that their Web and email filtering technology is up to date and to update their Acceptable Use Policies in response to a new UK Act of Parliament. The Act could render chief executives and other company officers liable for extreme pornographic images stored on their company’s network.

Sections 63 to 67, Part 5 of the UK’s Criminal Justice and Immigration Act 2008, which came into effect on 26th January, make it an offence to possess pornographic images of an extreme nature*. According to noted International IT lawyer, Dr Brian Bandey, company bosses could be found guilty under this new Act if an employee downloads and stores on their work PC or laptop images depicting extreme pornography. In addition, employers would be “vicariously liable” under ordinary safety at work legislation if they do not take reasonable steps to prevent such images from being stored on their networks and they are then seen by another employee:

“Governments around the world are recognizing that the Internet and social networking have created opportunities for a minority to indulge in their interest in extreme practices. For this new Act to have been passed, Parliament has perceived the electronic storage of grossly offensive images as a real and imminent danger to society. The risks and the penalties are very real and it is important for those in authority to be aware of this update to the UK law. Corporate officers together with the employees in question could end up on the sexual offenders register: the officers through vicarious liability; and the employee as primary offender. Ignorance of the law is no defence,” said Dr Bandey.

Commenting on the new Act of Parliament, Bradley Anstis, Marshal8e6 director of technical strategy, said, “This UK law demonstrates why it is so crucial for companies to apply rigorous filters and image analysis technology to their Web and email systems. Company bosses must keep up to date with the latest tools available to protect their networks against the actions of the minority who seek to flout acceptable use policies. They say possession is nine tenths of the law, but in this case possession could put you behind bars.”

If you would like to speak to Bradley Anstis about the updates to the Act and how businesses can take simple policy steps to protect themselves more effectively against the latest email and Web security threats, please contact éclat Marketing at marshal8e6@eclat.co.uk or call Melanie Johnson on 01276 486000.

*Copies of the Criminal Justice and Immigration Act 2008, Part 5, Sections 63 to 67, which received Royal Assent on 8 May 2008, can be viewed at http://www.opsi.gov.uk

About Marshal8e6
Marshal8e6 is a global provider of web and email security products. We are the only security company able to provide integrated, reliable and effective enterprise-class multi-layered solutions. Our deep expertise in web and email allows us to correlate real-time threat intelligence
to protect organizations from current and emerging threats.

With 20,000 customers and 16 million end users in 96 countries, the company is privately held and based in Orange, California with international headquarters in London and offices worldwide. For more information about Marshal8e6, please visit http://www.marshal8e6.com.

Last Reviewed: February 9, 2009