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Call for tougher online retail age checks

Bill to stop e-tailers selling alcohol and porn to under-age surfers

Tags: brc, eversheds, law, retail

By Julian Goldsmith

Published: 22 January 2008 00:01 GMT

An MP is calling for a change in the law to force online retailers to introduce tougher age verification to prevent children being able to buy alcohol, cigarettes or pornography on the internet.

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The Ten Minute Rule Bill proposed by Labour MP for Luton South, Margaret Moran, seeks to make it a statutory requirement for retailers to verify the ages of consumers who attempt to purchase age-restricted goods such as alcohol, cigarettes, pornography, or try to gamble online. She wants to see any retailer who fails to do this face a hefty fine or even imprisonment.

In a statement, Moran said: "My Bill aims to ensure online retailers take their responsibilities more seriously. Children can now get hold of some very disturbing items, things they would never be able to buy if they walked into a shop. It has to stop."

The Bill is in response to a reliance by retailers on consumers declaring they are above the legal age to buy restricted goods. Essentially this is an honour system which goes no further to check shoppers are the age they say they are.

Moran said: "It is clear that currently there are inadequate checks put in place by a large number of online retailers and if they are going to continue to drag their heels over this issue then it is up to Parliament to ensure our children are better protected."

The proposed Bill has been greeted with some scepticism by a legal expert and the UK's retail industry body.

Eversheds partner Jonathan Armstrong welcomed the move in principle, but was unsure from Moran's comments how the law, if it came into being, would be enforced.

He said: "It's hard to ID individuals online. One possibility could be to refer to the electoral roll, but that is cumbersome and not foolproof. Another consideration is who will resource this. It will be low down on the police's long list of priorities. Trading standards may pick this up, but there will be an issue of locality here. Trading standards officers are local rather than national."

A spokesman for the British Retail Consortium told silicon.com its members would be interested to hear the details of the Bill but stressed UK retailers already take online trading very seriously in terms of selling to under-age shoppers.

He said: "Responsible retailers have no interest in selling to under-age people. In many cases, delivery drivers are instructed to verify the age of the person who receives the goods at the doorstep, in the same way as counter staff ask for proof of age in store. If the Bill went forward, we would want to see the penalties in proportion to the existing penalties applying to selling in stores. Retailers do not go to prison. If a retailer is repeatedly caught selling to under-age shoppers, they are banned from selling age-restricted goods."

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