Measures to increase accountability and transparency for Refused Classification material

ALIA submission to Mandatory ISP filtering
February 2010

Submission from:

Introduction
While ALIA and the joint submitting organisations support the Minister's decision to discuss this important issue with the Australian public, we have profound concerns about the proposals in the consultation paper.

ALIA and internet content regulation
ALIA believes that freedom can be protected in a democratic society only if its citizens have unrestricted access to information and ideas. ALIA supports the basic right of library and information services users to unhindered access to information regardless of format.

Access to electronic information resources should not be restricted except as required by law and this basic right should not be eroded in the development of further regulatory or legal restrictions on online information.

ALIA endorses and supports effective, practical and appropriate measures that assist Australians to manage their use of the internet. We believe that cybersafety education is one of the most effective strategies to manage content issues.

ALIA and mandatory ISP filtering
ALIA acknowledges that we need to do something effective to stop children seeing extreme pornography on the internet but a balance also needs to be found between protecting children and censoring adults.

Undesirable content and a false sense of security
ALIA agrees that the issue of child abuse and pornography is abhorrent and needs addressing. But the proposed RC blacklist is just one form of the internet: the blacklist covers URLs only; it does not protect children against pornographic activities in the areas of peer-to-peer networking, instant messaging, torrents, direct emails and chat rooms. Most undesirable content is transmitted in these ways rather than from normal websites. The new filter cannot block this kind of internet traffic as the Government itself has confirmed.

The stated goal of the Government's proposal is to protect children. ALIA is very concerned that it will only serve to give parents a false sense of security.

Cybersafety education
The key to protecting children online is education, empowerment, supervision, and voluntary filtering. Adequate funding of cybersafety education for children and parents should be a major component of the Government's policy on online safety.

Preserving democratic society
The proposed filter sets a dangerous precedent of centralised internet censorship. Censorship and limitations on the free flow of information undermine democratic society and strengthen the cause of those who seek to destroy it. The most effective way to preserve democratic society is by making available the widest possible range of viewpoints, opinions and ideas so that all individuals have the opportunity to be informed.

The proposed category of 'refused classification' is much broader than child sexual abuse material. ALIA is concerned about the risk that adults will be prohibited from viewing a very wide range of legal content. Adults should be allowed to make their own decisions about what they look at online. Every Australian has the right to access information about sensitive issues such as euthanasia, terrorism, sexual persuasion, and suicide.

ALIA's proposals in response to the consultation paper
ALIA proposes the following policies on internet filtering:

1. A significant shift of the cost of the proposed mandatory filtering should go into additional government funding for the AFP Child Protection initiatives
2. Significant funding for a national cybersafety education program for children and parents
3. Finding an effective way of filtering illegal images of children on the internet
4. An opt-out option from mandatory ISP filtering: ISPs would provide information about filtering so that adults, parents and businesses can make an informed decision about whether to filter or not to filter.

Click here to view the ALIA submission [ pdf 236KB ]

Department of Broadband, Communications and the Digital Economy: Measures to increase accountability and transparency for Refused Classification material Consultation paper and submissions