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November 2001
Mr Chris Schwarz Dear Mr Schwarz Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No 2) 2001Thank you for inviting the Australian Library and Information Association (ALIA) to submit comments to the Select Committee. ALIA is the professional association for the library and information sector. ALIA represents 6500 personal members, 800 institutional members and 10 million library and information services users. ALIA welcomes the opportunity to participate in the Legislative Council's consultations on the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No 2) 2001. We note that Part 7A of the Bill has been separated from the original Bill and is now being considered by the Select Committee. IntroductionThe Association understands the complexities of establishing an online regime and that content classification is a complex area. In 1999 ALIA was approached by the ACT Government to comment on 'model provisions' for state and territory Classification Acts. The intended purpose was to establish a classification regime that is uniform and consistent across all Australian jurisdictions. This would be a significant advance on the current regimes that include differing classification and penalty schemes across the states and territories. The Association notes from the ACT model provisions that 'The Commonwealth regulation proceeds on the basis that primary responsibility for prohibited material should lie with the creator of that material. ISPs are considered no more aware of the content they host than a telecommunications company is aware of what is being said on its phone lines. The States and Territories are expected to create offences for the supply or making available of objectionable material online. This is analogous to the existing role of the States and Territories to regulate the supply of objectionable material outside of cyberspace...' As South Australia is the first state to act on the 'model provisions' ALIA sees this Bill as an opportunity to simplify classification jurisdictional anomalies and encourages the Committee to take the opportunity to develop a regime that can be replicated nationwide and that further, treats the matter, that is a film or computer game, consistently whether it is provided through an online service or other format. The benefits to the community and commerce of implementing such a consistent regime are obvious. The difficulty of course is that the internet is borderless and so it is impracticable to have a regime censoring online film or computer game content which is analogous with existing regulatory mechanisms for other formats. Hence, the Bill's requirement that a party be accused of an offence prior to classification and based on the judgement or assumption of a law enforcement officer that an offence has or may have been committed, a premise not evident in the analogous regime. The Association is aware that determining or defining what is prohibited material and objectionable material is subjective and can change as public opinion and governments are influenced by pressure groups or changes in moral attitudes. Attempts by governments to impose a regulatory framework need therefore to include the ability to respond quickly to changes in community and moral attitudes. As for technological changes, the difficulties of governments attempting to regulate online content were well canvassed during the parliamentary debate and inquiry into the Broadcasting Services (Online Services) Amendment Act 1999. Part 7A - online servicesALIA would like to offer the following comments on particular clauses of the Bill. 75B (2)We note that the 1999 'model provisions' links this back to the Broadcasting Services Act 1992 and clearly outlines the exceptions. 75B (3) and 75CLibraries and information services provide access to information and ideas and serve as a gateway to knowledge and culture. Library and information professionals have a responsibility to protect their user's freedom to read and to access information appropriate to their needs. Our concern is that those working in libraries and information services should not be at risk of committing an offence by merely providing internet terminals for public use. Section 75DAgain our concern is for the liability of those working in libraries and information services. We would want to be assured that providing public access to an internet terminal within a library or information service would not be interpreted as knowingly making available or supplying unsuitable matter to minors on online services. Classification of online contentALIA understands that the Office of Film and Literature Classification (OFLC) is currently reviewing the film and computer games classification guidelines. This Bill proposes to enact criminal law that relies on the use of guidelines that are currently under review. Furthermore, the OFLC does not have the mechanisms in place to classify internet content for prospective online content publishers and distributors. The OFLC is yet to establish procedures for classifying online content, and has still to address submission procedures, fee structure, and appeal provisions. ALIA's positionThe Association's first object is to promote the free flow of information and ideas in the interest of all Australians. ALIA believes it is critical that the proposed legislation ensures that information or matter which is legal offline is not illegal online. Internet services are made available to the public as part of the Australian library and information sectors continuing commitment to providing the highest level of service to the community, including equitable access, intellectual and recreational freedom and the freedom of access to information. Libraries and information services are a major provider of access to and training for the internet.[1] There is little evidence of their users complaining about exposure to offensive or unsuitable material. Further, there is little evidence of community concern about prohibited material on the internet.[2] Libraries and information services promote responsible use of electronic material by various means. These include consultation with community on internet use principles and guidelines, the requirement of acceptable user agreements from internet users in the library or information service, and training programs. The Council of Library Administrators of South Australia (CLASA) is a body to which all South Australian public libraries belong. CLASA, with the assistance of legal council, has developed internet "Conditions of use" documentation which is displayed at all internet terminals in South Australian libraries. The policy outlines the conditions of use and promotes responsible use of electronic material.[3] This Association does not believe that filtering and blocking devices are solutions to the problems of offensive or unsuitable material on the internet. These devices can be evaded by content providers and by people seeking that information.[4] More importantly, such devices restrict access to useful and appropriate information. Freedom of access to information is essential to the democratic process and the social well being of the Australian community. The vast majority of content poses no problem. It is important, therefore, to keep the question of offensive sites (or objectionable material) in perspective and to ensure that regulation of online content does not have the intended or unintended consequences of restricting access by the wider community to information which is not illegal. We ask that the South Australian Government ensure that amendments to the Bill treat access to online and offline information equally and preserve the existing balance between commerce and the public interest. Further we ask that the amendments ensure that library and information professionals are not at risk of committing an offence by merely providing internet terminals for public use. Yours sincerely
Jennefer Nicholson [1] The Australian Bureau of Statistics Report No 8146.0 states that thirty two percent of Australian adults access the internet at sites other than home or work.The most popular access places are, a friends house, a tertiary institution or a public library. [2] The Australian Broadcasting Authority's 1999-2000 Annual Report shows that it registered 160 complaints of which 93 resulted in the location of prohibited material hosted in Australia. [3] http://www.plain.sa.gov.au/CLASA/policies.htm [4] http://www.peacefire.org is a website dedicated to disabling filtering programs
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