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

Further information

http://www.acma.gov.au/hotline (follow link to ‘internet content’)