Censorship in a National Emergency
New Australian legislation has recently been passed to implement the government response to the national emergency in Aboriginal communities of the Northern Territory. This is the Northern Territory National Emergency Response Act 2007 (Act No.129). The Act deals with sale of alcohol and a wide range of other matters which have been extensively publicised.
The legislation is of particular interest to ALIA members and their friends because it deals with public computer infrastructure, and in particular to online content. The Act sets out a number of steps relating to online content which must be implemented. The main steps are
- installation of authorised filters
- keeping records of use
- development of acceptable use policies
- auditing the computers
There is a fuller coverage of this topic here, but in brief sections 26-30 of the Act require a responsible person to take certain actions in relation to publicly-funded computers. This would certainly apply to computers in local or territory government libraries and schools. The responsible person must ensure that an accredited filter is installed, maintain records of all persons using the computers with the dates and times of use, develop an acceptable use policy and put it into operation, and audit the computers on specified dates and in a manner which may be prescribed by the Minister. There is a fine of either $550 or $1100 for each offence where the responsible person contravenes any of these provisions.
The new legislation, which came into operation in August, introduces a new dimension to online content regulation, a very worrying dimension. Does it represent a new agenda on the part of government?