| Content Regulation |
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| Thursday, 26 May 2005 10:00 |
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The passage of amendments to the Broadcasting Services Act 1992 created a new regime of Internet content regulation in Australia. For the industry, the most significant changes arising from the legislation involve the imposition of potential liability on ICHs (Internet content hosts) and ISPs for material which they host or provide access to. The regime provides the Australian Broadcasting Authority (ABA) with the jurisdiction to evaluate content on the basis of complaints received and to notify hosts and providers to take action where appropriate. Amendments to the legislation negotiated largely by the IIA now provide for the creation of an alternate regime which sees industry codes forming the basis for action by industry participants. Version 10.4 which is the current version addresses new issues of mobile internet content. See our press release detailing our concerns on this issue. Previous Code Version 7.2 incorporated sections, 12A and 12B, for ISPs and section 13 for content hosts. These sections provided for measures which the IIA believes are reasonable, having regard to issues such as technical and commercial feasibility and effect on network performance. It is important to note that the Codes do not impose any requirement for ISPs to engage in universal blocking of content which the ABA deems prohibited. Rather its requires that ISPs provide certain classes of end users with tools by which means they can control the access of content into the home. Schedule 1 of the Code, which will be compiled after the completion of an independent evaluation of available options, will identify a range of alternative 'access prevention' technologies that ISPs can select from to satisfy the requirements of the Code. ISPs are not expected to absorb the costs associated with meeting this obligation. The suppliers of the alternative access prevention technologies (eg. filter products) who in most cases will not be the ISPs themselves, will be required to update their products and services to filter any additional material which the ABA has classified as prohibited. This is akin to the developers of anti virus software providing automatic updates on new virus definitions. The providers of the technologies will also be expected to support those technologies though the provision of help lines, online FAQs and the like. It is not the intention of the IIA that ISPs be burdened with that task, unless ISPs themselves choose to develop and have accredited access control measures for use with their own (applicable) customer base. Readers should note that the Code also contains exemptions where no measures need be undertaken by ISPs. To the extent the Code alternatives are supported by industry and the Code registered with the ABA, the ABA will have no role in issuing access prevention notices to ISPs in Australia. In cases where serious material is referred to the ABA, the Authority will independently inform relevant law enforcement agencies in the host country through the appropriate channels. Apart from that, we anticipate that the industry developed code alternatives will entirely circumvent ABA action in respect of internationally sourced content. The approach the IIA has taken can be essentially be described as 'industry facilitated user empowerment'. We are confident that this solution will achieve the broad objectives of the legislation without any significant impost or damage to the industry. For ICHs, the main requirement will be that they remove prohibited or potentially prohibited content hosted in Australia upon notification by the ABA. In the case of other material which is illegal in Australia, ICHs will be required to follow lawful directions from other 'Relevant Authorities' to remove it. This is in accordance with current best practice. For more details on how the content measures will operate, readers are directed to the Code itself. |
| Last Updated on Saturday, 04 February 2006 23:46 |