[LINK] Australian Democrats call for radical overhaul of Internet Regulation

[stephen at melbpc.org.au]

> From:   Bob Bain <bob_bain at tpg.com.au> 
> Date:   Sun, 07 Feb 2010 09:35:10 +1100 
> Subject:   [ACSELSIC-L] Australian Democrats call for radical overhaul
             of Internet Regulation (iTWire) 
 
Perhaps of some interest to Members ..

http://www.itwire.com/telecommunications-news/policy-and-regulation/36601-
australian-democrats-calls-for-radical-overhaul-of-internet-legislation

By Stuart Corner
Saturday, 06 February 2010 17:15 

The Australian Democrats says the current legislative framework for
the Internet and related industries is "ill-fitting and ill-serving
making it difficult and prohibitive for the Australian Industry to
operate with certainty." The party is proposing a radical overhaul.

The Democrats - which is attempting to rebuild itself after losing all
Parliamentary representation in 2008 - plans to push for the
introduction "a completely new legislative framework for the Internet
and technology industries to provide a more secure operating
environment for businesses and users of the Internet and related
technology."

It describes the proposals as its "Internet and Technology" policy,
which it has released in draft form. However the policy appears to be
limited to the Internet and related but unspecified technologies.
There is no suggestion that it would apply to technology in its widest
sense.

The proposals include:

- Removing Schedule 5 [which deals with online services] from the
Broadcast Services Act, and otherwise amending the Act to make it
clear that it does not cover Internet and multimedia services

- Making it the responsibility of law enforcement, not Internet
service providers, to police illegal activity online;

- Making the creator of web content, and not the Internet company that
provides the carriage of it, legally responsible for that content;

- Legal protections for ISPs from prosecution for the acts of their
customers online;

- Legal protections for the providers of collaborative online service
providers such as forums and social networking sites from prosecution
for the acts of their users.

The Democrats suggests that specific details of the legislation should
be worked out with representatives of the industry and users "to
ensure an equitable and agreeable arrangement for all and to secure
the future of our Internet and technology Industry."

It also proposes removing Schedule 7, which deals with content
services, from the Broadcasting Services Act and replacing all
classification legislation and codes with a simplified system of
classification that applies to all media.

The Democrats claims that the proposed reforms will "create a better
operating environment for Internet related industries,... will improve
their capacity to make better business decisions, and to deliver
better services to consumers, as well as have more certainty and
confidence in their regulatory environment."

 =============================================

 Unrelated to the article above the Australian Democrates are also
proposing a Simplified Classification (The classification system is
used in Australia to rate Internet content ).  This is a draft policy.

http://www.democrats.org.au/policies/draft/POLICY_Tech_A_Simplified_Classi
fication_System_20JAN2010.pdf

Overview

The Australian Democrats believe that all Australians should be able
to access, view and read any material they wish. We recognise that the
provision and receipt of information is a fundamental human right
according to the United Nations’ International Covenant on Civil and
Political Rights. We support a classification program that has as its
core purpose empowering consumers to make informed decisions,
and oppose any censorship that suppresses access to information and
the acquisition of knowledge.

The Issue

The current classification system has not adapted well to the rapid
introduction of new media online, on mobile phones and in gaming, nor
the easier flow of media around the world due to the ease of online
shopping with suppliers around the world. Additionally classification
systems are increasingly being used as a mechanism for censoring
materials rather than informing consumers on what the content is
likely to include.

The Proposal

The Australian Democrats will seek the introduction of a simplified
classification system that can be applied to all media, including new
media forms as they are developed. This consistent classification
scheme will enable consumers, in particular parents of young
adolescents, to be able to identify what kind of content they can
expect to see regardless of whether the media is a magazine, movie,
television program, game or website.

The Classification Board will be asked to review and standardise the
classification categories so there is no differentiation between
media. As part of the review the Australian Democrats will require the
removal of the 'refused classification' category, replacing this
blanket category with informative categories that allow informed
decisions or simply extending the existing R18+ and X18+ categories to
cover all legal material currently refused classification.

This revision will not affect illegal material, such as child
pornography, which is defined as illegal by specific legislation or
judicial decision. The Australian Democrats will seek a provision in
the legislation to ensure that no political influence is exerted on
the review of classification categories.

The revised classification system will also include acceptance of
alternate classification systems, such as those used in other
countries, without the need for additional classification by the
Classification Board. Alternate classification systems must be
meaningful, consistently applied, suitable and not affix
seemingly valid classifications to illegal content.

 ------------------------------------------------------------------

 A personal note.  

The RC classification covers a wide variety of material.

  Some material can be classified even if the guidelines suggest that
it cannot be accomodated under the classification system given that
the guidelines are guidelines not law.  Such material includes
mainstream films - some of which change classification between RC and
R at the whim of whatever political party happens to be in power
and/or the views of the Classification Board at any particular point
in time

 Other RC material covers instructions in matters of crime an - RC
category where there is no discretion permitted by the Classification
Code.  The third category is CP material which (unlike other RC
material) is illegal to possess in every jurisdiction in Australia.

 In 1995 the State and Federal governments introduced what purports to
be a uniform classification system that applies across all States and
Territories of Australia.  Over time State governments ( who take
resposibility for censorship and who use the Federal Classification
Board as a matter of convenience ) have revised State legislation such
that the censorship/classification system is anything but uniform
across all States and Territories of Australia.

 South Australia (for instance) has introduced legislation effective
January 10th. 2010 banning the display of covers of films legally
rated R18+.  Tasmania has laws banning the possession of some RC
material but not other forms of RC material, and Western Australia
makes it illegal to possess any form of RC material.

 In New South Wales anything other than child abuse material rated RC
is perfectly legal to own view or possess.

 Bob



------------------------------------

The ELSIC homepage is at:
http://www.acs.org.au/boards/cab/elsictr.html

For more information on the ACS write to:
info at acs.org.au including your postal address 
or visit: http://www.acs.org.au

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/acselsic-l/

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

--

Nb, forwarded with permission

Cheers,
Stephen