Content Control

Extreme Regimes

• Myanmay (Burma) - Possession of modem without permission punishable by 5 - 7 years gaol

• Cuba - Internet access only through authorised Universities and places of employment

• Saudi Arabia - all Internet traffic filtered through central server

United States

• 1st Amendment - “Congress shall make no law… prohibiting the free exercise… or abridging the freedom of speech

• Communications Decency Act 1996• Child Online Protection Act 1998

Asia

• In General:• Carriers must take action when they

become aware of prohibited content, either by user complaint or government notice

• Some countries block prohibited sites

Australia

• Both Commonwealth and State legislation

• Commonwealth regime covers ISPs and ICHs

• State laws cover providers, creators and users

State Regimes

• Varies from State to State• Early movement to draft law

abandoned• Example Act: Classification

(Publications, Films & Computer Games) (Enforcement) Act 1995 (Vic)

ISP and ICH Exceptions

• ISPs and ICHs have exemptions from liability under State laws - Sch 5 Broadcasting Services Act 1992 (Cth) if they were not aware of the nature of the content

Commonwealth

• Since 1 Jan 2000, Broadcasting Services Amendement (Online Services) Act 1999 (Cth)

• Now Sch 5 Broadcasting Services Act 1992 (Cth)

• Purpose - to restrict access to materials online which would be restricted offline

General Outline

• Co-Regulatory Scheme under ABA and industry

• In general, scheme is complaints driven

Main Elements

• Industry Code of Practice• ABA administered complaints

scheme• Community Education

Prohibited Content

• For content hosted in Australia:RC or X ratedR rated without age based access limitations (RAS)

• For content hosted outside Australia:RC or X rated

Restricted Access System

• Qualifying Systems must include:• Registration• Qualification/Validation• Access

ABA Complaints System

• Any Australian resident or company can make complaint

• Unless complaint is frivolous ABA must investigate and must take action.

Australian Hosted

• Final takedown notice for classified material

• Interim notice and referral to OFLC for unclassified material

Foreign Hosted

• Notify Filter software providers• Notify ISPs

Enforcement

• $5500 fine for individuals• $27500 for corporations• Ongoing offence up to 10% of the

above penalties per day (s213 BSA)

Codes of Conduct

• IIA Internet Industry Association “Internet Industry Codes of Practice”

• Very limited duties and responsibilities