British ISPs restrict access to Wikipedia amid child pornography allegations

December 7, 2008

Wikinews has learned at least six of the United Kingdom's main Internet Service Providers (ISPs) have implemented monitoring and filtering mechanisms that are causing major problems for UK contributors on websites operated by the Wikimedia Foundation, in addition to 1,200 other websites. The filters appear to be applied because Wikimedia sites are hosting a Scorpions album cover which some call child pornography. Scorpions are a German hard rock band who have used several controversial album covers and are perhaps best known for the song Rock You Like a Hurricane.

The measures applied redirect traffic for a significant portion of the UK's Internet population through six servers which can log and filter the content available to the end user. A serious side-effect of this is the inability of administrators on Wikimedia sites to block vandals, and other troublemakers, without potentially impacting hundreds of thousands of innocent UK contributors who work on WMF sites in good faith.

The filtering is in response to the Internet Watch Foundation's list of websites that host content reported to contain inappropriate images of naked children. The IWF considers those images child pornography. However, in the United States, where the websites of the Wikimedia Foundation are hosted, it is not considered obscene under the criteria of the Miller test, which requires that an obscene work lack "serious literary, artistic, political or scientific value" - as album art is used to "brand" the album, it is considered to be artistic.

Contributors or individuals attempting to view an affected image or file, depending on their ISP, may get a warning saying, "we have blocked this page because, according to the Internet Watch Foundation (IWF), it contains indecent images of children or pointers to them; you could be breaking UK law if you viewed the page." Other ISPs provide blank pages, 404 errors, or other means of blocking the content. Due to a configuration mistake at one Internet service provider, some users have reported being totally unable to access Wikimedia sites to the Wikipedia technical help desk.

"The Protection of Children Act 1978 as amended in the Sexual Offences Act 2003, makes it an offence to take, make, permit to be taken, distribute, show, possess with intent to distribute, and advertise indecent photographs or pseudo-photographs of children under the age of eighteen. The 'making' of such images includes downloading, that is, making a copy of a child sexual abuse image on a computer, so, in the UK, accessing such content online is a serious criminal offence," says the IWF on their website in an article updated on November 28. The IWF say there are at least 800 to 1,200 websites on the list of those who host or contain offensive material. The list is not public and the IWF never notified Wikimedia Foundation about the blocking of Wikipedia content. The affected page does not display any message informing the user about blocked content on most ISPs, instead, a technical error message is shown.

However, Demon Internet redirects users to a block message on the IWF's site explaining that the page was blocked as the organization suspects child porn or links to it to be present. The IWF states that, "we do not notify site owners that their websites are on our list."

The concern for Wikimedia is for some images like an album cover from a 1976 record of the Scorpions titled Virgin Killer. It displays an underage girl, posing nude, with a lens crack crossing over her genitals, but nothing blocking out her breasts. The girl appears to be around ten years old. In the U.S., the band later replaced the image with one of the group. The cover was uploaded to Wikipedia in 2006, but Wikinews learned that on May 9, 2008 at (21:17 UTC), despite a result of strong consensus to 'keep' in a deletion request, the image was deleted, however for a different reason. It was deleted due to a claim by an administrator that it violated Wikipedia's policy for dealing with copyrighted images, which require that any images used under the doctrine of fair use must alongside other criteria, "significantly increase readers' understanding of the topic, and its omission would be detrimental to that understanding", with the administrator claiming that the article "lacked meaningful discussion" of the album art. This result was overturned using the deletion review process. Earlier, on December 6, the image was put back up for a deletion request, but it was later closed as Wikimedia "does not censor".

Another image that is questionable could be a screenshot from the 1938 film Child Bride. Its goal was to bring to light the attempts at banning child marriages. In the article on Wikipedia, a screenshot appears of then 12-year-old Shirley Mills partially naked after skinny dipping. In the photo, at least one of her breasts can be seen.

Other albums featuring nudity below the age of sixteen have previously caused controversy; Blind Faith attracted criticism as did Houses of the Holy, and Nirvana's Nevermind.

Multiple companies have gone public stating that they implement the recommendations of the Internet Watch Foundation. Not all of these are known to have implemented measures against Wikimedia sites; the major UK ISPs thought to have affected Wikimedia sites are Telefonica O2/Be Unlimited, Virgin Media, Easynet, Plusnet, Demon, and Opal Telecommunications (TalkTalk).

Wikinews has contacted Wikimedia's legal counsel, Mike Godwin and the IWF for a statement, but neither have replied as of this time.