[FYI] AU: Die ersten drei Monate Interent-Zensur (offiziellee PE)

["Axel H Horns" <horns@t-online.de>]

http://www.aba.gov.au/about/public_relations/newrel_2000/27nr2000.htm

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NR 27/2000  

19 April 2000  

Internet content complaints scheme - the first 3 months  

In the first three months of Internet content complaint 
investigation, the Australian Broadcasting Authority issued final 
take-down notices for 31 items of Australian-hosted content, referred 
45 items of content to the makers of filtering software products and 
referred 7 items of content to law enforcement agencies.  

"The establishment of the ABA’s online-hotline for Internet content 
complaints means that Internet users in Australia can now have their 
complaints about offensive material investigated. The ABA is working 
with the Internet industry and the community advisory body NetAlert 
to help ensure that people’s use of the Internet is a positive 
experience and that children, in particular, are protected from 
material that is unsuitable for them," said Professor David Flint, 
ABA Chairman.  

"Nevertheless, parents and others responsible for the care and 
supervision of children should maintain vigilance in relation to the 
use of the Internet by children. The ABA’s role complements and 
supplements that of parents, teachers and service providers."  

The ABA's online-hotline for Internet content complaints commenced 
operation on 1 January 2000. As at 31 March 2000, investigations into 
99 of the 124 complaints received by the ABA had been finalised and 
investigations into 23 complaints were underway. Two complaints were 
not investigated as the ABA was of the view that they were not made 
in good faith.  

Thirty-five investigations located items of prohibited or potentially 
prohibited content and the ABA took action accordingly. For 
prohibited or potentially prohibited content hosted in Australia, the 
ABA issues take-down notices to the content host, while for such 
content hosted outside Australia, the ABA refers the material to the 
makers of approved filtering software products and, where 
appropriate, refers the content to law enforcement agencies.  

The referral of content to the makers of approved filtering software 
products is provided for in industry codes of practice developed by 
the Internet Industry Association (IIA). The codes are a central 
component of the co-regulatory scheme and provide certainty for 
industry participants as to their obligations under the scheme, as 
well as informing users of what they can expect from their providers. 
 

"The ABA’s functions under the scheme include monitoring the 
operation of industry codes of practice and conducting community 
education and research, as well as undertaking international liaison. 
These functions are critical to the overall success of the co-
regulatory scheme and the ABA is pursuing initiatives in each of 
these areas," said Professor Flint.  

BACKGROUNDER  

Members of the public may complain to the ABA about Internet content 
that is, or may be, prohibited by law. The online content legislation 
defines Internet content as stored information that is accessed over 
an Internet carriage service, including material on the World Wide 
Web, postings on newsgroups and bulletin boards, and other files that 
can be downloaded from an archive or library. Under the legislation, 
the definition of Internet content does not include ordinary email or 
information that is accessed in real time without being previously 
stored, such as chat services and voice over the Internet.  

The legislation sets out different procedures for dealing with 
prohibited or potentially prohibited content hosted in Australia and 
such content hosted outside Australia. If the content is likely to be 
classified RC or X and the content is hosted in Australia, the ABA 
issues an interim take-down notice to the content host, pending 
classification of the content by the Classification Board. Where the 
Classification Board confirms that the content is prohibited, a final 
take-down notice is issued.  

In relation to content likely to be classified R (hosted in Australia 
and not subject to an adult verification mechanism), the process is 
slightly different in that an interim take-down notice is not issued. 
Rather the content host is advised of the decision to ask the 
Classification Board for a classification. This gives the host the 
opportunity, in conjunction with the content provider, to put in 
place an adult verification mechanism that meets minimum requirements 
set by the ABA. Where this occurs, a take-down notice would not be 
issued.  

In response to complaints about content hosted outside of Australia, 
where the ABA is satisfied that the content is likely to be 
classified RC or X, the ABA refers the content to the makers of 
‘approved’ filtering software in accordance with provisions in the 
Internet Industry Association (IIA) codes of practice. The makers of 
the filtering software products update their products as appropriate 
so that those users with one of the products installed and activated, 
will have that content filtered from their future Internet access. 
Internet service providers (ISPs) play their part by providing 
filtering software to their users in accordance with the IIA codes.  

Approved filtering software products include client-side filter 
products and filtered Internet services. The IIA codes list 16 
approved filters that were included following qualitative assessment 
by the CSIRO. While it is the responsibility of ISPs to provide a 
filter to their users, it is the responsibility of users to install, 
activate and regularly update the product. Parents and carers of 
children who wish to manage their children’s access to Internet 
content have an important role to play in this regard.  

Other provisions in the codes deal with a range of customer advice 
and content management issues. These include procedures for ensuring 
online accounts are not provided to children without the consent of a 
parent or responsible adult, for creating awareness about the way to 
make a complaint about Internet content, and for informing producers 
of Internet content of their legal responsibilities in relation to 
that content.  

In addition to the above procedures for dealing with prohibited or 
potentially prohibited content, it is important to note that in 
particularly serious cases, eg. investigations that locate child 
pornography, the appropriate law enforcement agency is notified at 
the earliest possible opportunity.  

Complaints status  

The complaint investigation component of the Government’s co-
regulatory scheme for Internet content commenced operation on 1 
January 2000. As at the end of the third month of operation (c.o.b. 
31 March 2000), the ABA had received 124 formal complaints.  

Investigations into 71 of the 124 complaints had been completed. A 
summary of the outcome of these investigations is provided below. A 
further 28 had been terminated, as the ABA did not have sufficient 
information to conclude the investigation. Two complaints were not 
investigated as the ABA concluded that they were not made in good 
faith. Investigations into the remaining 23 complaints were underway 
as at 31 March 2000.  

Outcome of investigations  

Table 1 provides a summary of the outcome of completed 
investigations. Half the investigations resulted in the location of 
prohibited or potential prohibited content, while the other half did 
not. Most of the investigations that resulted in the ‘not prohibited’ 
finding were in relation to content hosted in Australia.  

In total, 36 of the investigations were in relation to Australian-
hosted content, while 35 were in relation to content hosted outside 
Australia. All but two of the investigations involved WWW content. 
The two that did not were complaints about newsgroup articles.  

Table 1: Outcome of Completed Investigations  

Australia Outside Aus Total Not Prohibited or Potentially Prohibited 
Content 27 9 36 Prohibited or Potentially Prohibited Content 9 26 35 
Total 36 35 71  

Action arising from completed investigations  

As indicated in Table 2, action arising from the 71 completed 
investigations included:  

23 items of Australian-hosted content subject to final take-down 
notices as a result of RC (refused classification) classification by 
the Classification Board (predominantly content of a sexual nature 
with ‘underage connotations’); 3 items subject to final take-down 
notices as a result of X classification by the Classification Board; 
5 items subject to final take-down notices as a result of R 
classification in combination with the lack of a restricted access 
system; 45 items of content hosted outside Australia referred to the 
makers of approved filters; and 7 items of content referred to 
appropriate law enforcement agencies.  

Table 2: Action Arising from Completed Investigations  

Australian Hosted Items* R Classified (restricted access system not 
implemented – final take-down notice issued) 5 X Classified (final 
take-down notice issued) 3 RC Classified (final take-down notice 
issued) 23  

Hosted Outside Australia Items* Prohibited or Potential Prohibited 
(X) – referred to makers of approved filters 10 Prohibited or 
Potential Prohibited (RC) – referred to makers of approved filters # 
35 Referral to Police 7  

* Some items were the subject of more than one complaint while some 
complaints resulted in the investigation of a number of items.  

# 17 of these items were originally Australian-hosted content subject 
to final take-down notices that subsequently moved to a content host 
outside Australia.  

In terms of country of origin of prohibited/potential prohibited 
content hosted outside Australia, the majority was hosted in the USA 
(33 items). The other countries were Canada, Denmark, Finland, Japan, 
Mexico and Russia.  

How to make a complaint  

In addition to the 124 complaints described above, the ABA received a 
number of other ‘complaints’ of an informal nature. These included 
‘complaints’ that did not contain complainant details or provided 
complainant details that were obviously false in nature, and 
‘complaints’ that did not provide the details required under the 
legislation.  

To help ensure that the ABA can investigate a complaint, complainants 
must set out:  

their name and contact details; the Internet address of the Internet 
content and any other details required to access it; a description of 
the Internet content; and the reason for thinking that the Internet 
content is, or may be, prohibited content.  

Complaints about Internet content must be in writing and the ABA has 
made an online complaints form available at its web site to assist 
members of the community to lodge their complaint: 
http://www.aba.gov.au/what/online/complaints.htm  

Complaints can also be made by post, fax or email. Internet users 
wishing to complain can phone the ABA for information on how to lodge 
a complaint using the ABA’s toll free number 1800 22 6667.  

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