Michael Coonan Content Assessment International Training Program Melbourne, 2006 7 September 2006

1. Strategies for regulating online content Michael CoonanContent Assessment International Training Program Melbourne, 2006 7 September 2006

2. Regulating online contentThe 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.”

3. Broadcasting Services Act 1992 – Schedule 5Regulatory 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

4. Broadcasting Services Act 1992 – Schedule 5Regulatory framework … has evolved from a tradition of content co-regulation: • codes of practice • complaint handling mechanisms • consumer advice • research • international liaison

5. Broadcasting Services Act 1992 – Schedule 5The 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

6. Broadcasting Services Act 1992 – Schedule 5The 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

7. Broadcasting Services Act 1992 – Schedule 5The 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

8. Broadcasting Services Act 1992 – Schedule 5The 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%

9. Broadcasting Services Act 1992 – Schedule 5The 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

10. Broadcasting Services Act 1992 – Schedule 5The 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’)

11. Broadcasting Services Act 1992 – Schedule 5The 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

12. Broadcasting Services Act 1992 – Schedule 5The 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

13. Broadcasting Services Act 1992 – Schedule 5The 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

14. Broadcasting Services Act 1992 – Schedule 5The elements: (ii) complaints hotline … utilises flexible enforcement mechanisms: • range of graduated options: • directions to comply • fines • court order to cease operations

15. Broadcasting Services Act 1992 – Schedule 5The 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

16. Broadcasting Services Act 1992 – Schedule 5The 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’)

17. Broadcasting Services Act 1992 – Schedule 5Complementary 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

18. 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

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