Introduction - General overview of IMCB

Download Classification Framework document

• Introduction - General overview of IMCB
• Section One - Classification Framework - General
• Section Two - Specific Classification Framework requirements
• Section Three - Complaints and dispute procedures
• Section Four - Independent appeals arrangements for Content Providers and Mobile Operators
• Appendix - Definitions used in the Classification Framework document

Background to IMCB and the Mobile Operator Code of Practice for New Content Services

On 19th January 2004 the UK Mobile Operators ¹ (Vodafone, Orange, T-Mobile, 02, 3 and Virgin) announced a joint Code of Practice for the self-regulation of new forms of content on mobile phones. The six Mobile Operators have all signed up to the code designed to facilitate the responsible use of new mobile phone services whilst safeguarding children from unsuitable content on their mobile phones. Mobile technology advances mean that phones are being developed with enhanced features, such as colour screens, video and picture messaging allowing access to an increasing variety of services. Whilst many of the Commercial Content services which are delivered using this new technology will be suitable for all ages, some of the new services may, however, contain content which is only suitable for customers who are over 18 years of age. The Mobile Operators recognise that this may cause concern to parents whose children have mobile phones and have therefore worked together to develop the Code of Practice. This is intended to help protect children and give parents and carers the necessary information and tools to protect their children. A copy of the Code of Practice for New Content Services on mobile devices is available at www.imcb.org.uk.

With respect to Commercial Content, the Mobile Operators specifically committed to appointing an independent classification body to provide a Framework for classifying Commercial Content that is only suitable for customers 18 years and older. IMCB is the body chosen by the Mobile Operators to perform this role.

Terms of reference

IMCB is the Independent Mobile Classification Body responsible for setting a Classification Framework for certain new forms of mobile Commercial Content. IMCB Ltd is a not-for-profit company formed as a subsidiary of ICSTIS - the UK premium rate regulator - and Board members of IMCB have been drawn from the ICSTIS Committee. A multi-disciplinary team supports the Board. Premium Rate Services continue to be regulated by ICSTIS even where they are also Commercial Content services and need to be classified in accordance with this document.

As a body independent of the Mobile Operators, IMCB will:

• Provide and maintain the Classification Framework after consultation with the Mobile Operators and other stakeholders;
• Review and amend the Classification Framework after consulting the Mobile Operators and other stakeholders in light of changes in the law or changes in society's expectations. Evidence for this may come from consumer and public complaints, changes in standards by the Agreed Bodies or research;
• Publish information about the role and work of IMCB through an IMCB website and other appropriate means and, as part of this activity, IMCB will publish an annual report and summary of accounts;
• Deal with all complaints and disputes about the misclassification of Commercial Content in accordance with the complaints and dispute procedures set out in this document;
• Consult with the Mobile Operators over the appointment of new members to the IMCB Board.

Remit

IMCB's remit is to determine a Classification Framework for Commercial Content against which Content Providers can self-classify their own content (whether provided directly or indirectly) as 18 where appropriate. Such content will be placed behind Access Controls so that, when combined with age verification arrangements, it is only available to those identified as 18 or over.

Commercial Content services which fall within IMCB's remit and the Classification Framework include:

• Still pictures
• Video and audiovisual material
• Mobile games, including java-based games

Services which fall outside IMCB's remit and the Classification Framework are:

• Text, audio and voice-only services, including where delivered as a Premium Rate Service and regulated by ICSTIS
• Gambling services (because they are age restricted by UK legislation)
• Moderated and unmoderated chat rooms (commercial unmoderated chat rooms will only be accessible by those 18 and over)
• Location-Based Services (which are the subject of a separate Mobile Operator code of practice available at www.imcb.org.uk)
• Content generated by subscribers, including web logs
• Content accessed via the internet or WAP where the Mobile Operator is providing connectivity only

Classification - Overview

The classification arrangements being put in place by IMCB will provide a common standard against which Content Providers can self-classify certain of their Commercial Content as 18. The Mobile Operators will be responsible for addressing instances of misclassification of Commercial Content through their own contractual arrangements with Content Providers.

The approach being adopted is that Commercial Content deemed suitable only for those 18 and over by Content Providers by reference to the Classification Framework set out in this document will be inaccessible to those under 18. Commercial Content that is not rated as 18 is Not Classified and will be unrestricted for the purposes of this document and IMCB provides no Classification Framework for unrestricted content.

This document has been created on the basis of research and consultations with a number of stakeholders. At a later stage IMCB intends to engage stakeholders in a review of this document and will consider further the requirements set out in it. The review will be undertaken in line with IMCB's remit described above.

The Internet

Content accessible through mobile devices available on the Internet falls outside of the remit of IMCB and these classification arrangements but the Mobile Operators have committed to offering filter solutions to parents and carers in order to help to protect their children. The Mobile Operators have also committed to providing advice to all customers on the nature of these new services and on ways in which they can help to protect themselves and their children. Some of the literature that provides this advice is available at IMCB's website - www.imcb.org.uk.

Funding

IMCB is funded by the Mobile Operators under a mutually agreed formula and in a way that does not fetter its independence. The funding for IMCB is wholly separate from that of ICSTIS. Summary accounts for IMCB will be published in IMCB's Annual Report.

Classification advice and general enquiries

IMCB provides a non-binding classification advice service for Content Providers who require advice on whether any particular content should be rated as 18 under the Classification Framework. Where there is doubt, however, IMCB would generally suggest caution. IMCB may charge for its advice in order to recover the costs associated with providing it.

Tel: 020 7357 8512
E-Mail: advice@imcb.org.uk

Contact details

IMCB
1st Floor, Clove Building
4 Maguire Street
London SE1 2NQ

Tel: 020 7357 8512
Fax: 020 7940 7456
E-mail: staff@imcb.org.uk

Media Enquiries: 020 7940 7474
E-mail: pressoffice@imcb.org.uk
Web: www.imcb.org.uk

1. Any words used with capital letters denotes a defined term and is listed in the Appendix to this document