David Cameron seeks to restrict access to websites with adult content by default, blocking these web sites from computers, tablets or smartphones and beginning in 2014. The Prime Minister proposes a general block on pornographic web pages, a measure which in Spain would clearly be against free competition, as well as the right to privacy and freedom of expression.
This initiative, which aims to protect children, has created a stir, since it directly attacks the right to privacy of the users, since users who wish to access these types of websites must expressly request the deactivation of this tool from their Internet Service Provider. In effect, the British Government will have created a kind of register for people who decide to open up access to adult websites on their computers.
As of yet, Cameron´s announcement is only a project, albeit one that appears to discriminate against a legal industry and produce censorship on the net. It is worth noting that, up until now, censorship on the internet has been associated with topics like the promotion of terrorism or works protected by copyright laws and did not have a social or ideological motivation.
However, it is doubtful that such legislation could come into force in Spain. Many articles of the Spanish Constitution protect the freedom of expression (20), freedom of enterprise (38) and the prohibition on censorship without a prior judicial decision (20.5).
Article published by Mark Athos Franklin, native English lawyer at the Rodriguez Bernal legal practice.