Michael Coonan Content Assessment International Training Program Melbourne, September 2006 Strategies for regulating online content

Regulating online content The Australian approach Broadcasting Services Act 1992 – Schedule 5 “…a regime which balances the need for Government to meet legitimate community concerns... that is commensurate with the regulation of conventional media …that … does not place onerous or unjustifiable burdens on industry.”

Broadcasting Services Act 1992 – Schedule 5 Regulatory principles … are aligned with broadcasting regulation principles: restrict access to offensive material protect children from inappropriate material avoid unnecessary burdens on industry accommodate technological change encourage industry development

… has evolved from a tradition of content co-regulation: codes of practice complaint handling mechanisms consumer advice research international liaison Broadcasting Services Act 1992 – Schedule 5 Regulatory framework

Broadcasting Services Act 1992 – Schedule 5 The elements: (i) codes of practice … assist industry to meet co-regulatory objectives: developed by the Internet Industry Association provide a range of online safety measures apply to newer applications (eg. mobile telephones) compliance is voluntary but ACMA can enforce

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … ensures prompt response to illegal/offensive material forms part of a network of hotlines worldwide empowers ACMA to investigate complaints and take action restricts availability of illegal content

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline …allows Australians to complain about internet content: ACMA must investigate valid complaints complaints to ‘internet content’ – stored content – accessible via the internet

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … activity to date (January 2000 – June 2006): just over 5,000 complaints received to date – world wide web content: almost 90% – Usenet newsgroup content: just under 10% – peer-to-peer service content: fewer than 1%

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline …allows ACMA to take action if content is ‘prohibited’: ‘prohibited’ content – ‘RC’ or ‘X18+’ classified material – detailed crime/violence – child pornography – actual sexual activity … and for Australian-hosted content that is not restricted: – ‘R18+’ classified material – implied sexual activity

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … activity to date (January 2000 – June 2006): over 3,800 investigations completed to date – overseas-hosted prohibited items: over 3,600 – Australian-hosted prohibited items: over 350 – over 50% of prohibited content is ‘sufficiently serious’(‘RC’)

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … provides tailored means to deal with prohibited content: action taken depends on content location: – if hosted in Australia: ‘take-down’ notice removes content – if hosted outside Australia: ‘designated notification scheme’ filters content

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … provides effective means to deal with child pornography: complementary process for ‘sufficiently serious’ content: – if hosted in Australia: domestic police services – if hosted outside Australia: Australian Federal Police → international police (eg. Interpol) and/or Internet Hotline Providers’ Association member hotline

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … activity to date (January 2000 – June 2006): 94% of child pornography hosted outside Australia – around 2,100 items of overseas-hosted child pornography in last six months: – 63% hosted in United States – remainder mainly in Eastern Europe, Asia and Canada

Broadcasting Services Act 1992 – Schedule 5 The elements: (ii) complaints hotline … utilises flexible enforcement mechanisms: range of graduated options: – directions to comply – fines – court order to cease operations

Broadcasting Services Act 1992 – Schedule 5 The elements: (iii) international coordination … is necessary for effective regulation: international liaison is a core component ACMA undertakes a range of international activities key partners include INHOPE: – formal investigations – expertise and international best practice

Broadcasting Services Act 1992 – Schedule 5 The elements: (iv) community advice … assists families’ safe and enjoyable use of the internet: information and advice – brochures – website (cybersmartkids.com.au) interactive activities (‘Cybersmart Detectives’)

Broadcasting Services Act 1992 – Schedule 5 Complementary legislative schemes …address concerns about illegal online content and use: Criminal Code Act 1995 – criminal content and use of the internet Interactive Gambling Act 2001 – prohibited online gambling services Spam Act 2003 – unsolicited commercial s

Useful links Schedule 5 Explanatory Memorandum – MS&Criteria=BILL_ID:s213%3BEM_TYPE:EM%3BSOURCE:Senate%3B Classification Guidelines – Internet Content Codes of Practice – Internet Hotline Providers’ Association –

Further information (follow link to ‘internet content’)