[FYI] Internet-Zensurierung in Australien

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

http://www.aba.gov.au/about/public_relations/newrel_99/134nr99.htm

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NR 134/1999

16 December 1999  

ABA registers codes of practice for Internet service providers and 
content hosts  

The Australian Broadcasting Authority has registered three codes of 
practice that outline the obligations on Internet service providers 
and content hosts in relation to Internet content unsuitable for 
children or potentially offensive to adults.  

The codes have been developed by the Internet Industry Association 
(IIA) in response to the July 1999 amendment to the Broadcasting 
Services Act 1992 that created a co-regulatory scheme for dealing 
with Internet content.  

"Industry codes of practice are a central component of the co-
regulatory scheme and these codes are a world first in terms of the 
range of matters dealt with and the detail provided," said Professor 
David Flint, ABA Chairman. "The codes will operate in conjunction 
with the ABA's complaints investigation procedures to assist members 
of the community, and in particular families, in dealing with their 
concerns about particular Internet content."  

The IIA codes were registered today for implementation from 1 January 
2000, the same date on which the ABA commences its complaints 
handling role. Complaints have to be made in writing and the ABA will 
provide an online complaints form at its web site to assist people to 
make complaints.  

Action arising from any investigation will differ depending on where 
the Internet content is hosted. The second IIA code for Internet 
service providers (ISPs) outlines the procedures the ABA will follow 
in relation to content hosted overseas. It makes provision for ISPs 
to provide their customers with one of the approved filters listed in 
the code. Approved filters include client-side filter products and 
filtered Internet services.  

This code also makes provision for the ABA to notify the makers of 
approved filtering software of prohibited or potential prohibited 
Internet content hosted outside Australia that has been the subject 
of a complaint. The makers of approved filters will review their 
filter lists in the light of these notifications.  

The first ISP code and Internet content host (ICH) code deal with a 
range of customer advice and content management issues. Specific 
provisions 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.  

The ABA registered the codes after consideration of a number of 
factors including whether consultation had been undertaken with the 
community, industry and the community advisory body, NetAlert, and 
whether the codes contained appropriate community safeguards. The 
codes will be formally reviewed within eighteen months of their 
implementation.  

Copies of the code are available from the IIA's web site 
www.iia.net.au or by phoning the IIA on 02 6232 6900.  

           BACKGROUNDER

The ABA is implementing a co-regulatory scheme for Internet content 
regulation that focuses on some of the risks associated with using 
the Internet. The scheme aims to encourage use of the Internet while 
addressing community concerns.  

           The scheme has three components:

the establishment of an ABA complaints hotline that provides a means 
for addressing community concerns about Internet content. the 
development of industry codes of practice by the Internet industry. a 
range of support activities including community education, research 
and international liaison.  

           Guiding principles

In performing its role, the ABA is guided by principles laid down in 
legislation which have the aim of minimising the financial and 
administrative burdens on industry and encouraging the supply of 
Internet carriage services at performance standards that meet 
community needs.  

           Complaints

The ABA will start accepting complaints about prohibited or potential 
prohibited content from 1 January 2000. Complaints are to be made in 
writing and the ABA will provide an online complaints form at its web 
site to assist people to make complaints.  

Action to be taken in relation to prohibited or potential prohibited 
content that is subject to complaint differs depending on whether the 
content is hosted in Australia or hosted overseas. If it is hosted in 
Australia, the ABA is required to issue take-down notices to the 
content host. If it is hosted outside Australia, the ABA will notify 
the makers of the 'Approved Filters' listed in Schedule 1 to the 
second IIA code for ISPs. If it is hosted overseas and is also 
sufficiently serious (e.g. illegal material such as child 
pornography), the ABA will refer the material to the appropriate law 
enforcement agency.  

           Prohibited content

The legislation defines prohibited content as material that has been 
classified 'RC' (Refused Classification, i.e. material that is 
illegal in any medium) or 'X' (i.e. sexually explicit material) by 
the National Classification Board. Content hosted in Australia that 
has been classified 'R' (i.e. material considered unsuitable for 
people under 18 years of age because of violence, language, sexual 
content, adult themes or for some other reason) but does not have an 
adult verification mechanism to restrict access will also be 
prohibited.  

           Codes of practice

           The IIA codes of practice outline the responsibilities of 
ISPs and ICHs in relation to:

ensuring that online accounts are not provided to children without 
the consent of a parent or responsible adult; giving parents and 
responsible adults information about how to supervise and control 
children's access to Internet content; assisting parents and 
responsible adults to supervise and control children's access to 
Internet content; informing producers of Internet content of their 
legal responsibilities in relation to that content; informing 
customers about their right to make complaints about Internet 
content; informing and assisting customers to make complaints about 
Internet content; assisting customers to deal with complaints about 
unsolicited electronic mail that promotes or advertises an Internet 
site that enables end-users to access information that is likely to 
cause offence to a reasonable adult; assisting in the development and 
implementation of Internet content filtering technologies (including 
labelling technologies); giving customers information about the 
availability, use and appropriate application of Internet content 
filtering software; providing customers with the option of 
subscribing to a filtered Internet carriage service; and ensuring 
that, in the event that an industry member becomes aware that an 
Internet content host is hosting prohibited content in Australia, the 
host is told about the prohibited content.  

           In addition, the second IIA code for ISPs specifies that: 

if the ABA investigates a complaint about prohibited or potential 
prohibited content hosted outside Australia, it will notify the 
makers of the 'Approved Filters' listed in Schedule 1 to the code; 
and ISPs will provide an Approved Filter to their subscribers.  

The ABA registered the IIA codes of practice as it was satisfied that 
the Internet industry has undertaken the appropriate consultation and 
that then codes contained appropriate community safeguards.  

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