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Content Control

Content Control. Extreme Regimes. Myanmay (Burma) - Possession of modem without permission punishable by 5 - 7 years gaol Cuba - Internet access only through authorised Universities and places of employment Saudi Arabia - all Internet traffic filtered through central server. United States.

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Content Control

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  1. Content Control

  2. Extreme Regimes • Myanmay (Burma) - Possession of modem without permission punishable by 5 - 7 years gaol • Cuba - Internet access only through authorised Universities and places of employment • Saudi Arabia - all Internet traffic filtered through central server

  3. United States • 1st Amendment - “Congress shall make no law… prohibiting the free exercise… or abridging the freedom of speech • Communications Decency Act 1996 • Child Online Protection Act 1998

  4. Asia • In General: • Carriers must take action when they become aware of prohibited content, either by user complaint or government notice • Some countries block prohibited sites

  5. Australia • Both Commonwealth and State legislation • Commonwealth regime covers ISPs and ICHs • State laws cover providers, creators and users

  6. State Regimes • Varies from State to State • Early movement to draft law abandoned • Example Act: Classification (Publications, Films & Computer Games) (Enforcement) Act 1995 (Vic)

  7. ISP and ICH Exceptions • ISPs and ICHs have exemptions from liability under State laws - Sch 5 Broadcasting Services Act 1992 (Cth) if they were not aware of the nature of the content

  8. Commonwealth • Since 1 Jan 2000, Broadcasting Services Amendement (Online Services) Act 1999 (Cth) • Now Sch 5 Broadcasting Services Act 1992 (Cth) • Purpose - to restrict access to materials online which would be restricted offline

  9. General Outline • Co-Regulatory Scheme under ABA and industry • In general, scheme is complaints driven

  10. Main Elements • Industry Code of Practice • ABA administered complaints scheme • Community Education

  11. Prohibited Content • For content hosted in Australia:RC or X ratedR rated without age based access limitations (RAS) • For content hosted outside Australia:RC or X rated

  12. Restricted Access System • Qualifying Systems must include: • Registration • Qualification/Validation • Access

  13. ABA Complaints System • Any Australian resident or company can make complaint • Unless complaint is frivolous ABA must investigate and must take action.

  14. Australian Hosted • Final takedown notice for classified material • Interim notice and referral to OFLC for unclassified material

  15. Foreign Hosted • Notify Filter software providers • Notify ISPs

  16. Enforcement • $5500 fine for individuals • $27500 for corporations • Ongoing offence up to 10% of the above penalties per day (s213 BSA)

  17. Codes of Conduct • IIA Internet Industry Association “Internet Industry Codes of Practice” • Very limited duties and responsibilities

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