Australia to Implement Mandatory National Internet Filter

The Australian government has announced its intention to introduce legislation in 2010 requiring all Internet service providers (ISPs) to implement a mandatory ISP-level filter for harmful on-line content. Termed “cyber-safety measures”, the initiative will mandate ISPs to block materials hosted overseas that are rated Refused Classification (RC). (RC-rated content includes child abuse imagery, sexual violence, detailed instructions in crime, violence or drug use, and materials that advocate terrorist acts). Public complaints regarding foreign-hosted content will be initially assessed against a national classification scheme by the Australian Communications and Media Authority (ACMA). Content found by the ACMA as potentially RC will be referred to the government-appointed Classification Board for formal classification. RC-rated content will then be placed on a list for mandatory filtering. Identifiable owners of web sites whose material has been rated RC will be notified by the ACMA (after liaison with the Australian Federal Police) and will be given the opportunity to remove the impugned material or seek a review of the decision. People who try to access RC-rated content will be notified via a block page that the requested content is blocked but that they may seek a review of the classification decision regarding that particular content. Failure by an ISP to comply is an offence punishable by a fine up to $27,500 per day under the Broadcasting Services Act. The Australian government acknowledges that filtering is not a “silver bullet solution”, since technically savvy individuals may circumvent filters. However, it maintains that ISP-level filters will help reduce the risk of children’s inadvertent exposure to harmful materials. Not surprisingly, the announcement has raised concerns about the stifling of free speech and the potential for government abuse. For FAQs on the ISP filtering from the Government of Australia, visit: http://tinyurl.com/ykdf5cg For news articles on the subject, see: http://tinyurl.com/ybqyoek; http://tinyurl.com/yay4pqf; and http://www.abc.net.au/news/stories/2009/12/15/2772467.htm Summary by: Janet Chong