Content Control. Extreme Regimes Myanmay (Burma) - Possession of modem without permission punishable by 5 - 7 years gaol Cuba - Internet access only through.

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Presentation transcript:

Content Control

Extreme Regimes Myanmay (Burma) - Possession of modem without permission punishable by 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 rated R 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