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[FYI] Australische Internet-Zensurierung
- To: debate@fitug.de
- Subject: [FYI] Australische Internet-Zensurierung
- From: Horns@t-online.de (Axel H. Horns)
- Date: Sat, 20 Mar 1999 09:32:38 +0100
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http://www.dca.gov.au/nsapi-text/?MIval=dca_dispdoc&ID=3648&template=N
ewsroom
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Internet content regulation
The Government will introduce stronger measures to protect
Australian citizens, especially children, against illegal or
highly offensive material on the internet, the Minister for
Communications, Information Technology and the Arts, Senator
Richard Alston, announced today.
The internet, and other online services, have the capacity to
significantly improve the lives of all Australians by providing
access to services, by creating new jobs and new categories of
jobs, and by providing access to information and entertainment
sources around the world.
But the internet can also be used as a forum for the
dissemination of offensive or illegal material. The Government
takes very seriously its responsibility to provide a workable and
effective regime to prevent the publication of this material.
The Government will therefore establish a regime to regulate the
carriage of content over the internet. The Australian
Broadcasting Authority (ABA) will administer this regime.
The Government does not believe, however, that online service
providers including internet service providers (ISPs) should, in
the first instance, be liable for material carried on their
service. Primary responsibility for such material should lie with
the creator of the material.
But online service providers do have a responsibility to remove
highly offensive or illegal material from their services once
they have been notified of the existence of the material.
The Government's regime will provide that the ABA, rather than a
service provider, is the first point of contact for complaints
about internet content. This decision recognises the limited
resources of many service providers, and the need to provide a
speedy response to complaints.
The Government will also establish a community/industry body to
monitor online material, to provide advice about the complaints
mechanism, to provide community education and information - for
example, about filtering products - and to operate a public
complaints "hotline" to receive information from the public about
offensive material and to pass on this information to the ABA and
to relevant law enforcement agencies in Australia or overseas.
For content hosted in Australia, the regime provides that:
If in the opinion of the ABA the content is of a
sufficiently serious nature (that is, likely to be Refused
Classification or X) to prevent access pending an
investigation, the ABA must issue an interim notice to the
service provider to prevent publication of, or access to,
that content, and that the ABA must seek a National
Classification Board opinion or classification; If in the
opinion of the ABA the content is likely to be classified R,
the ABA must seek a National Classification Board opinion or
classification; If the material is determined by the
National Classification Board to be proscribed content, the
ABA must issue a final notice to the service provider to
prevent publication of or access to the content; and The
service provider or the content provider may apply to the
ABA to rescind an interim or final order relating to R-rated
material that lacks adult verification mechanisms if
appropriate adult verification procedures have subsequently
been put in place.
The regime will define proscribed online content as:
any material that has been, or would be, Refused
Classification or classified X under the National
Classification Code, and material that is, or may be,
R-rated and that lacks adult verification mechanisms, such
as PIN codes, to prevent access by minors.
For content hosted overseas, and when the complaint relates to
content that would likely to be RC or X by Australian
classification standards, the regime provides for the ABA to
notify State, Territory or Federal Police for their referral to
relevant overseas enforcement bodies.
The regime also provides for self-regulatory codes of practice
for the online service provider industry, to be overseen by the
ABA. These codes of practice must include a commitment by an
online service provider to take all reasonable steps to block
access to RC or X material hosted overseas, once the service
provider has been notified of the existence of the material by
the ABA.
In relation to R rated material sourced from overseas, codes of
practice will encourage service providers to offer differentiated
services to filter out unacceptable content as far as possible.
As new technologies become available which will enable service
providers to effectively ensure that R rated material is only
available to adults, the codes of practice will be updated
accordingly.
The regime will also provide protections for service providers
against civil actions arising from actions taken pursuant to a
notice from the ABA, and protections for officers of the ABA.
The Government believes that this classification regime
recognises the widespread availability of the internet to minors,
and the technical difficulty of effectively blocking access to
illegal and highly offensive material from all sites. This regime
is consistent with the content regulation regime for subscription
narrowcast services such as adult pay-TV services.
The Government will bring forward legislation to establish this
regime as soon as is practicable.
Media Contact:
Terry O'Connor, Senator Alston's office 02 6277 7480
Website www.richardalston.dcita.gov.au
26/99
19 March 1999
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