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MP warns UK ISPs in relation to Internet content that
promotes adoption on the Internet
22 January, 2001
From John Hutton MP,
Minister of State
To Mr Nicholas Lansman, Internet Service Providers Association
Dear Mr Lansman,
ADVERTISING FOR ADOPTION ON THE INTERNET - ADOPTION ACT 1976
You 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 Internet Service Provider has actual knowledge that they are storing any material which breaches Section 58(1) of the Adoption Act 1976, they must remove it. If they do not do so they are committing an offence and may face prosecution.
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.
"Making arrangements for the adoption of a child" is defined in section 72(3) of the Adoption Act 1976 as amended by section 13 of Adoption (Intercountry Aspects) Act 1999. Section 58(2) provides that any person who causes to be published or knowingly publishes an advertisement in contravention of section 58(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The law applies equally to the internet as it does to any other medium.
I am copying this letter to all the individual Internet Service Providers my Department has been able to identify and to the Internet Watch Foundation.
Yours sincerely
JOHN HUTTON, MP
House of Commons Hansard Written Answers for 31 Jan 2001 (pt 9), Beta Interferon
Mr. Llwyd: To ask the Secretary of State for Health if he will list the statutory provisions which apply to (a) the adoption of children through the internet and (b) adoption agencies' use of the internet. [146602]
Mr. Hutton: Only councils and approved voluntary adoption agencies may advertise (on the internet and elsewhere) children for the purposes of adoption. Anyone else who does this is committing an offence under section 58(1) of the Adoption Act 1976. 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. Making arrangements for the adoption of a child is defined in section 72(3) of the Adoption Act 1976 as amended by section 13 of Adoption (Intercountry Aspects) Act 1999. Section 58(2) provides that any person who causes to be published or knowingly publishes an advertisement in contravention of section 58(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. The law applies equally to the internet as it does to any other medium. I wrote to the United Kingdom Internet Service Providers Association on 19 January, informing them that if they become aware of any material on one of their Internet Service Providers advertising children for adoption that is not run by a local authority or approved adoption agency, they must remove it. If they failed to do so then they will be committing an offence and may face prosecution.
31 Jan 2001 : Column: 216W