Internet and Mobile Content Regulation

The Australian Communications and Media Authority (ACMA) issued a press release on 26 October outlining new plans for Internet content regulation, with responses to be made by 16 November. The press release links to additional material.

As I read it, the intention is to prohibit on the open internet all content which is classified as MA15+ or R18+, including material which is likely to be classified as MA15 or R18+. There would be a requirement relating to “providers of hosting services, live content services, link services and commercial content services …” However, if these entities have access restrictions (which limit access to adults, or people over 15, as appropriate) in place, they would be allowed to host restricted material. They also intend that there will be a take down procedure so that access can be removed to content that is subject to complaint.

The scope and impact of these plans appears to depend on how much material is classified, what it means that material is “likely to be classified”, and the extent to which people complain. It also depends on what is hosted in Australia, and what is hosted overseas - only the former is affected.

One problematical issue is just what would be prohibited. For example, if an imaginary Australian YouTube-style site included material which was likely to be classified as MA15 or R18+, as it does, would any prohibition apply to the whole site, or just to the offending part. It seems most likely that a take down notice would apply to the site rather than individual videos, which has major ramifications for the Internet in Australia.

This was all announced on 26 October, with comments due by 16 November - three weeks, in the middle of an election. The announcement received very little publicity.

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