Michael Coonan Content Assessment International Training Program Melbourne, 2006 7 September 2006 Strategies for regulating online content
Jan 02, 2016
Michael CoonanContent Assessment
International Training ProgramMelbourne, 2006
7 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 http://www.acma.gov.au/hotline • ‘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 emails
Useful links
• Schedule 5 Explanatory Memorandum– http://parlinfoweb.aph.gov.au/piweb/TranslateWIPILink.aspx?
Folder=OLDEMS&Criteria=BILL_ID:s213%3BEM_TYPE:EM%3BSOURCE:Senate%3B
• Classification Guidelines– http://www.oflc.gov.au/resource.html?resource=62&filename=62.pdf
• Internet Content Codes of Practice– http://www.iia.net.au/contentcode.html
• Internet Hotline Providers’ Association– http://www.inhope.org