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Public access internet servicesGuidelines relating to ALIA's statement on online content regulationAugust 2005
Guidelines for libraries
Overview of legislation
Further information and links
Guidelines for librariesInternet-use policiesMost Australian libraries have implemented internet-use policies and publicise these policies widely in their user community. ALIA encourages libraries to:
Children and the internetThere has been some controversy about the provision of internet services in public libraries and especially about the risk of children having access to what many consider to be inappropriate content. ALIA supports the right and responsibility of parents and guardians to direct the use of the internet by their own children. Parents who wish to limit or restrict access by their own children should personally oversee their use of the internet and other forms of electronic information. In developing their internet-use policies libraries may consider:
Filtering technologyThere is a public perception that use of internet filtering software is a simple comprehensive solution to the problem of accessing inappropriate content. However, filtering software products vary in their effectiveness in blocking offensive content and the extent to which they blocked inoffensive content. Filters also do not fully-protect children from objectionable material such as pornography or violence. ALIA does not recommend the use of filtering technology. Rather, ALIA strongly encourages libraries to adopt and implement internet-use policies that protect public access to information and promote a positive online experience. ALIA believes that the best and most reliable filter is a child's parent or guardian. For recent reports on the effectiveness of internet filtering software see Further information and links.
Overview of legislationThe Department of Communications, Information Technology and the Arts (DCITA) is responsible for advising the Commonwealth Government on content regulation issues for radio, television and internet services. Content regulation for films, videos and publications is the responsibility of the Attorney-General's Department (AGD). Broadcasting Services Act 1992 and Broadcasting Services Amendment (Online Services) Act 1999The Broadcasting Services Act 1992 provides the legislative foundation for the regulation of content on commercial, community, subscription and narrowcast television and radio services. The regulatory framework for online content was introduced by amendments to the Broadcasting Services Act made by the Broadcasting Services Amendment (Online Services) Act 1999 (BSA 1999), which commenced operation on 1 January 2000. BSA 1999 established a regulatory framework for the control of illegal or highly-offensive material published and transmitted through online services such as the internet. BSA 1999 does not apply to private or restricted communications such as intranets or e-mail. Role of the Australian Communications and Media AuthorityThe Broadcasting Services Act 1992 established the Australian Broadcasting Authority (ABA) as an independent statutory authority. The ABA develops program standards, monitors compliance and can investigate complaints and take actions where breaches occur. On 1 July 2005 the ABA and the Australian Communications Authority merged to form the Australian Communications and Media Authority (ACMA). BSA 1999 established the co-regulatory scheme for online content, now administered by the ACMA. The main functions of the scheme are:
Complaints about internet contentMembers of the public may complain to the ACMA about internet content which is or may be prohibited by law. Prohibited content is:
The ACMA will not investigate a complaint about something a person disagrees with or simply does not like. If the content is hosted in Australia and is prohibited, or is likely to be prohibited, the ACMA will direct the internet content host (ICH) to remove the content from their service. As part of an investigation the ACMA may request the Classification Board of the Office of Film and Literature Classification (OFLC) to classify the content according to the Guidelines for the Classification of Films and Videotapes. Further information on the role of the ACMA and the complaints process. Industry codes of practiceCodes of practice developed by the internet industry and registered by the ACMA govern the activities of internet service providers (ISPs) and ICHs. The codes have been developed by the Internet Industry Association (IIA) in consultation with industry, the ACMA, interested community groups and members of the public. If an ICH or ISP fails to follow a direction by the ACMA to comply with the industry code, they may be guilty of an offence. The current codes of practice developed by the IIA were regisered by the ACMA on 26 May 2005. These replaced the codes previously registered on 9 May 2002. NetAlertNetAlert is the federal government supported community internet safety advisory body, comprising community and industry representation. Through NetAlert, the government provided $4.5 million over four years from 1999 and a further three years' funding in 2003 for national awareness campaigns to promote safer internet experiences and for research into access management technologies. NetAlert has developed community education resources, particularly targeted at families. In Library and Information Week, May 2005, NetAlert launched the 'Librarians' guide to internet safety' and other resources to assist librarians and library users in using the internet safely in public libraries. The resources were developed with ALIA's support and with the assistance of an expert group of ALIA members. Classification of prohibited materialUnder BSA 1999, prohibited material is defined on the basis of the current National Classification Code administered by the Office of Film and Literature Classification (OFLC). The national classification scheme for the classification of publications, films and computer games came into effect on 1 January 1996. This is a co-operative scheme between the commonwealth, states and territories. Under the scheme, the Office of Film and Literature Classification is responsible for the classification of films (including videos and DVDs), computer games and certain publications, while the States and Territories are responsible for enforcement. The OFLC maintains a searchable database on classified material which can be searched for films, books or computer games by title, author or publisher. The database gives details of any classification decisions or reviews made about the material. Review of online content regulation, 2002-2003In October 2002 the minister for communications, information technology and the arts announced a review of the operation of Schedule 5 to the Broadcasting Services Act 1992. The review, by the Department of Communications, Information Technology and the Arts (DCITA), investigated the effective operation of legislation for the regulation of internet content in Australia, and of community education programs and international liaison under the online content co-regulatory scheme established by BSA 1999. The online content review report and the internet content filtering report were tabled in parliament on 13 May 2004. As a result of the review, the regulatory regime for online content has continued without significant change. This is in line with ALIA's policy position. The report and submissions are available. ALIA submissions to the review and survey of internet access in public librariesALIA made two submissions to the review. The first outlines ALIA's policy position on internet content regulation. ALIA made a supplementary submission to the review, based on its 2002 survey of internet access in public libraries. This survey of ALIAs public library institutional members has collected data on the experiences of libraries in providing public access to the internet and the impact on libraries of the online co-regulatory scheme. The survey covered areas such as internet-use policies, community education and training, complaints from users about internet content, internet filters and children's use of the internet in libraries. An executive summary, summary report and a detailed report of the survey are available. Commonwealth legislationThe Crimes Legislation Amendment (Telecommunications Offences and Other Measures) (No. 2) Act 2004 contains a number of measures including new offences dealing with use of the internet to access, transmit and make available child pornography and child abuse material, as well as the possession or production of such material with intent to place it on the internet. It also contains an updated version of the existing offence dealing with use of a telecommunications service to menace, harass or cause offence that is extended to cover internet content that causes offence. States and territoriesEach state and territory has enacted legislation complementing the commonwealth classification legislation. The legislation prescribes penalties for not having material classified and enforces classification decisions in that particular jurisdiction. All states and territories have laws prohibiting distribution and possession of material involving child-pornography. State and territory governments have been considering draft model legislation for regulation of online content since 1996. However, the particular provisions of currently enacted legislation vary among the states and territories. In September 1999, draft model legislation was released for public comment by the New South Wales, South Australian, and Australian Capital Territory governments. Victoria, Western Australian and the Northern Territory already had legislation in place which differs from the draft model legislation. As at August 2003, only South Australia has introduced legislation substantially similar to the draft model legislation. South AustraliaClassification (Publications, Films and Computer Games) (Online Services) Amendment Act 2002 was assented to on 7 November 2002 and came into force on 1 December 2002. The Act amends the Classification (Publications, Films and Computer Games) Act 1995. The Act is almost identical to the Bill introduced by the previous South Australian government in November 2000 and which was not passed by both Houses of Parliament prior to the state election in February 2002. New South WalesNSW Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2001 was introduced into the NSW Parliament in November 2001 and was subsequently passed. ALIA made a submission to the NSW Parliament Standing Committee on Social Issues Inquiry into Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2001 and the executive director and copyright and ICT policy officer appeared as witnesses to the inquiry. On 6 June 2002 the committee released its final report into the proposed NSW classification laws and recommended the relevant provisions of the NSW Act be repealed. The Committee has not recommended there be no censorship of internet content, but that censorship laws be directed to preventing distribution of 'highly dangerous or offensive' material such as child-pornography, not to restricting adults' freedom to communicate on the broad range of other topics that the proposed law would catch. The two committee reports and the transcript of the hearing are available. On 9 December 2002, the NSW Attorney General announced that the Act will neither be commenced nor repealed until the Commonwealth Government's review of Commonwealth censorship legislation has been completed and the findings considered. VictoriaClassification (Publications, Films and Computer Games) (Enforcement) Act 1995 provides for penalties for inline transmission of material that is unsuitable for a minor. QueenslandClassification of Computer Games and Images Act 1995 does not apply to content on online services. Western AustraliaCensorship Act 1996 covers both offline material and internet content. Australian Capital TerritoryClassification (Publications, Films and Computer Games) (Enforcement) Act 1995 does not include provisions for regulation of online content. Northern TerritoryClassification of Publications, Films and Computer Games Act 1996 covers online content. TasmaniaClassification (Publication, Films and Computer Games) Act 1996 does not include provision for regulation of online content.
Further information and linksALIA online content and regulation reference groupOnline content and regulation issues are of central relevance to the provision of library and information services and to ALIA's members. ALIA has established an Online Content and Reference Group to respond to and to inform members about online issues. ALIA policy statements, submissions and other documents
Statement on online content regulation Australia
Australian Communications and Media Authority Community education and trainingProvision of information and advice to parents and others about the capacities of various search engines and filtering devices via the library's home page, for example, VICNET.
Cybersmart Kids Online International
American Library Association's internet toolkit Filtering technology
Effectiveness of internet filtering software products, 2001. Report by CSIRO for NetAlert and the Australian Broadcasting Authority
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