FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
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http://www.aba.gov.au/about/public_relations/newrel_99/134nr99.htm
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.