WORLDWIDE REACTION TO AUSTRALIA'S TOUGH NEW WEB RULES
January 2nd 2008 23:39
AUSTRALIA’S TOUGH NEW WEB RULES: MAJOR MEDIA OUTLETS PROTEST
Several of Australia’s major media organisations have written in protest about new rules that will be introduced by the Australian Communications and Media Authority to restrict access to online or mobile content designated 15 or 18 .
Paidcontent.org reports that the 15 content restriction “isn't that onerous” since content providers can simply take the word of the person seeking to view the content that they are 15 or older, but the 18 content requires an age verification system.
It said, “This brings digital content in line with non-digital content in this regard. Previous regulations covering this area have been dispensed with.”
ACP Magazines wrote that it is “very concerned by the proposed extension of R18 access restrictions to MA15 content.”
It said, “ACP magazines serves over half the men’s lifestyle audience with sites such as Zoo, FHM and Ralph serving MA15 to these audiences.
“The proposed regulations appear impractical and discriminatory.
“There seems no practical way to restrict this type of content to 15-17 year olds. We are not aware of an effective system working anywhere else in the wroild. Credit cards don’t work (to verify someone’s age on the internet.)
“…It is also not clear how this would work for sites that publish consumer generated content like the social networking sites.”
Here is the official notification of the new rules:
New rules for restricting access to age restricted content (commercial MA15 content and R18 content) either hosted in Australia or provided from Australia will commence from 20 January 2008.
The new rules made by ACMA on 20 December 2007 are specified in the Restricted Access System Declaration 2007 (PDF 38 kb, Word 127 kb), and in the Explanatory Statement to the Declaration (PDF 37 kb, Word 95 kb) and are made in accordance with the new regulation of content framework under Schedule 7 to the Broadcasting Services Act 1992 which also commences on 20 January 2008.
The new regulatory framework will apply to most content service providers who supply content via a carriage service. Access to commercial MA15 and R18 content provided to consumers as internet content, live content via the internet, mobile premium services including mobile portal and premium rate SMS/MMS services, and premium rate voice services will be subject to the restricted access rules. Telephone sex services will be subject to the restricted access declaration from 20 July 2008 when provisions of Part 9A of the Telecommunications (Consumer Protection and Service Standards) Act 1999 governing such services are repealed.
The new rules have been developed following consultation with stakeholders and followed the release by ACMA of a draft declaration and a discussion paper in October 2007.
The following submissions were received about the draft restricted access system declaration:
NSW Council for Civil Liberties
The Independent Australian Radio Broadcasters Association
Ms Lisa Seddon
Dr Karen Orr Vered
Newgency
Together Online
Australian Interactive Media Industry Association
Vodafone Australia Ltd
Australian Visual Software Distributors Association Ltd
Australian Federation Against Copyright Theft
Optus
Hutchison 3G Australia
Internet Industry Association
Australian Mobile Telecommunications Association
Telstra
Australian Privacy Foundation
DMG Radio (Australia) Pty Ltd
Internet Society Australia
Google Australia
Consumers Telecommunications Network
PBL Media
Free TV Australia
Australian Competition & Consumer Commission
Australian Subscription Television & Radio Association
Commercial Radio Australia
ACP Magazines
The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 was made in 2005 and includes rules restricting access to MA15 and R18 content via mobile premium services. The determination also permits industry to develop a self-regulatory scheme (currently the Mobile Premium Services Industry Scheme) to include rules about the provision of information to mobile customers about costs and terms and conditions on which mobile premium services are offered and the handling of complaints about mobile premium services. Importantly, the determination also provides rules on how mobile chat service providers can minimise the risk of mobile chat services being used to facilitate illegal contact between children and adults. These rules are unaffected by the amendment and continue operating under the industry self-regulatory scheme, the Mobile Premium Services Industry Scheme.
The rules under the Determination regulating access to mobile premium services content have been replaced by the new framework under Schedule 7 and the new restricted access system declaration. ACMA made the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1) (PDF 16 kb, Word 100 kb) (Explanatory Statement: PDF 20 kb, Word 55 kb) to remove the content related provisions for mobile phones from the Determination.
The Telecommunications Numbering Plan Variation 2007 (No. 4) (PDF 23 kb, Word 112 kb) (Explanatory Statement: PDF 20 kb, Word 64 kb) was also made on 20 December 2007 to vary the Telecommunications Numbering Plan 1997 to require carriage service providers providing access to age restricted content delivered via premium SMS and MMS services to only use numbers beginning with 195 and 196.
The following submissions were received relating to the amendments to the Determination and the Numbering Plan:
Office of Consumer and Business Affairs South Australia
Vodafone Australia Ltd
Jamster
Australian Mobile Telecommunications Association
Communications Alliance
Telecommunications Industry Ombudsman Office
Free TV Australia
Australian Competition & Consumer Commission
AUSTRALIA’S TOUGH NEW WEB RULES: BBC REPORT
BBC News said Australian internet providers will be expected to filter all their content because the government is planning tough new rules to protect children from online pornography and violence.
The Beeb said the new Labor government wants internet service providers to filter content to ensure households and schools do not receive ‘inappropriate’ material. Civil libertarians have condemned the plan as unnecessary, and say it will erode the freedom of the internet. But telecommunications minister Stephen Conroy said more needed to be done to protect children.
The Australian government wants to ensure that children only have access to family-friendly websites, and is set to compile a list of unsuitable sites, although at this stage it is unclear what will be deemed unsuitable.
ustralians wanting unfettered access to the web will have to contact their supplier to opt out of the new regime.
AUSTRALIA’S TOUGH NEW WEB RULES: FREEDOM OF SPEECH NOT TO BE EQUATED WITH KIDDIE PORN
Influential international web site TechCrunch once again has stuck the boot into Australia’s new web rules.
It said, “A follow up to our story December 30 on the Australian government joining China in broadly censoring the internet. Now apparently if you believe in Free Speech you believe in Kiddie Porn, via the Sydney Morning Herald:
“‘Labor makes no apologies to those who argue that any regulation of the internet is like going down the Chinese road,’ [Telecommunications Minister Stephen] Conroy said yesterday. ‘If people equate freedom of speech with watching child pornography, then the Rudd Labor Government is going to disagree.’
“No one equates freedom of speech with watching kiddie porn, only the Australian government does.
“Whilst no one would disagree with the notion that kiddie porn is abhorrent, it should be noted that the Australian government’s censorship regime is going to be much broader than sites that show activities that are already illegal to distribute and watch across the world. Further still, as local civil libertarians have pointed out, it will not only take all of two minutes to bypass the great firewall of Australia, and worse still it will actually provide a false sense of security to parents who will wrongly believe that the internet is now a safe place for their children, when it still isn’t.
“At least they’ve now admitted to taking lessons from China, not that this is something to be proud of, although the Australian government seems to think that it is.”
- From MediaBlab
Several of Australia’s major media organisations have written in protest about new rules that will be introduced by the Australian Communications and Media Authority to restrict access to online or mobile content designated 15 or 18 .
Paidcontent.org reports that the 15 content restriction “isn't that onerous” since content providers can simply take the word of the person seeking to view the content that they are 15 or older, but the 18 content requires an age verification system.
It said, “This brings digital content in line with non-digital content in this regard. Previous regulations covering this area have been dispensed with.”
It said, “ACP magazines serves over half the men’s lifestyle audience with sites such as Zoo, FHM and Ralph serving MA15 to these audiences.
“The proposed regulations appear impractical and discriminatory.
“There seems no practical way to restrict this type of content to 15-17 year olds. We are not aware of an effective system working anywhere else in the wroild. Credit cards don’t work (to verify someone’s age on the internet.)
“…It is also not clear how this would work for sites that publish consumer generated content like the social networking sites.”
Here is the official notification of the new rules:
New rules for restricting access to age restricted content (commercial MA15 content and R18 content) either hosted in Australia or provided from Australia will commence from 20 January 2008.
The new rules made by ACMA on 20 December 2007 are specified in the Restricted Access System Declaration 2007 (PDF 38 kb, Word 127 kb), and in the Explanatory Statement to the Declaration (PDF 37 kb, Word 95 kb) and are made in accordance with the new regulation of content framework under Schedule 7 to the Broadcasting Services Act 1992 which also commences on 20 January 2008.
The new rules have been developed following consultation with stakeholders and followed the release by ACMA of a draft declaration and a discussion paper in October 2007.
The following submissions were received about the draft restricted access system declaration:
NSW Council for Civil Liberties
The Independent Australian Radio Broadcasters Association
Ms Lisa Seddon
Dr Karen Orr Vered
Newgency
Together Online
Australian Interactive Media Industry Association
Vodafone Australia Ltd
Australian Visual Software Distributors Association Ltd
Australian Federation Against Copyright Theft
Optus
Hutchison 3G Australia
Internet Industry Association
Australian Mobile Telecommunications Association
Telstra
Australian Privacy Foundation
DMG Radio (Australia) Pty Ltd
Internet Society Australia
Google Australia
Consumers Telecommunications Network
PBL Media
Free TV Australia
Australian Competition & Consumer Commission
Australian Subscription Television & Radio Association
Commercial Radio Australia
ACP Magazines
The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 was made in 2005 and includes rules restricting access to MA15 and R18 content via mobile premium services. The determination also permits industry to develop a self-regulatory scheme (currently the Mobile Premium Services Industry Scheme) to include rules about the provision of information to mobile customers about costs and terms and conditions on which mobile premium services are offered and the handling of complaints about mobile premium services. Importantly, the determination also provides rules on how mobile chat service providers can minimise the risk of mobile chat services being used to facilitate illegal contact between children and adults. These rules are unaffected by the amendment and continue operating under the industry self-regulatory scheme, the Mobile Premium Services Industry Scheme.
The rules under the Determination regulating access to mobile premium services content have been replaced by the new framework under Schedule 7 and the new restricted access system declaration. ACMA made the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1) (PDF 16 kb, Word 100 kb) (Explanatory Statement: PDF 20 kb, Word 55 kb) to remove the content related provisions for mobile phones from the Determination.
The Telecommunications Numbering Plan Variation 2007 (No. 4) (PDF 23 kb, Word 112 kb) (Explanatory Statement: PDF 20 kb, Word 64 kb) was also made on 20 December 2007 to vary the Telecommunications Numbering Plan 1997 to require carriage service providers providing access to age restricted content delivered via premium SMS and MMS services to only use numbers beginning with 195 and 196.
The following submissions were received relating to the amendments to the Determination and the Numbering Plan:
Office of Consumer and Business Affairs South Australia
Vodafone Australia Ltd
Jamster
Australian Mobile Telecommunications Association
Communications Alliance
Telecommunications Industry Ombudsman Office
Free TV Australia
Australian Competition & Consumer Commission
AUSTRALIA’S TOUGH NEW WEB RULES: BBC REPORT
BBC News said Australian internet providers will be expected to filter all their content because the government is planning tough new rules to protect children from online pornography and violence.
The Beeb said the new Labor government wants internet service providers to filter content to ensure households and schools do not receive ‘inappropriate’ material. Civil libertarians have condemned the plan as unnecessary, and say it will erode the freedom of the internet. But telecommunications minister Stephen Conroy said more needed to be done to protect children.
The Australian government wants to ensure that children only have access to family-friendly websites, and is set to compile a list of unsuitable sites, although at this stage it is unclear what will be deemed unsuitable.
ustralians wanting unfettered access to the web will have to contact their supplier to opt out of the new regime.
AUSTRALIA’S TOUGH NEW WEB RULES: FREEDOM OF SPEECH NOT TO BE EQUATED WITH KIDDIE PORN
Influential international web site TechCrunch once again has stuck the boot into Australia’s new web rules.
It said, “A follow up to our story December 30 on the Australian government joining China in broadly censoring the internet. Now apparently if you believe in Free Speech you believe in Kiddie Porn, via the Sydney Morning Herald:
“‘Labor makes no apologies to those who argue that any regulation of the internet is like going down the Chinese road,’ [Telecommunications Minister Stephen] Conroy said yesterday. ‘If people equate freedom of speech with watching child pornography, then the Rudd Labor Government is going to disagree.’
“No one equates freedom of speech with watching kiddie porn, only the Australian government does.
“Whilst no one would disagree with the notion that kiddie porn is abhorrent, it should be noted that the Australian government’s censorship regime is going to be much broader than sites that show activities that are already illegal to distribute and watch across the world. Further still, as local civil libertarians have pointed out, it will not only take all of two minutes to bypass the great firewall of Australia, and worse still it will actually provide a false sense of security to parents who will wrongly believe that the internet is now a safe place for their children, when it still isn’t.
“At least they’ve now admitted to taking lessons from China, not that this is something to be proud of, although the Australian government seems to think that it is.”
- From MediaBlab
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Comment by Damo
As a an Network Engineer by trade there are two curses that bugged me the most.
The lack of effort by police to chase down kiddie pornographers.
And a self appointed sherrif of the internet called MAPS.
maps.org
They blacklist sites and hand that blacklist over to all the major isp's. Once they blocked the whole of Telstra's 203.x.x.x network because one computer was a spam relay.
I am willing to bet money that this plan will collapse due to tecnical problems. Just like to net nanny software idea.