From Dani.White@dcita.gov.au Thu Apr 22 11:45:03 1999
Date: 19 Apr 99 18:20:52 AES
From: Dani.White@dcita.gov.au
To: Account@infinet.net.au,
    Admin@hartingdale.com.au,
    Admin@hermes.net.au,
    Gdoran@clubworld.net.au,
    Helpdesk@idl.net.au,
    Info@gl.hardnet.com.au,
    Info@hinet.net.au,
    Info@hydra.com.au,
    Info@idx.com.au,
    Jack@hare.net.au,
    Manager@itlite.com.au,
    Sales@hawknet.com.au,
    Sales@healey.com.au,
    Sales@hunterlink.net.au,
    Sales@ideal.net.au,
    Sales@iform.com.au,
    Sales@iniaccess.net.au,
    Sales@iol.com.au,
    Sean@infoflex.com.au,
    Support@harveynorman.com.au
Subject: Online Content Policy

Dear Sir/Madam,

Just as cinema patrons have never had the right to shout "fire" in a 
crowded theatre, so there have always been regulatory constraints imposed 
upon absolute freedoms, particularly in the sensitive area of the media.

For many years governments of all persuasions have accepted the obligation 
to reflect community standards by regulating the type of material that can 
be shown on free to air television.

Now new technologies are emerging which will permit the dissemination of a 
vast range of graphic material via new mediums such as the Internet.  
However, the principle remains the same - the community expects protection, 
particularly for children, from highly offensive and illegal material.

The Government does not shy away from its recent decision to establish a 
framework for the control of such material.  Indeed there has been little 
adverse community reaction.  However some sections of the industry have 
voiced concerns that excessive regulation can stifle commercial development 
and inhibit the development of the online economy, leading to potential 
commercial bypass of the Australian market.  

The Government acknowledges there are likely to be ongoing technical 
difficulties associated with attempting to prevent access to all illegal or 
highly offensive material hosted overseas, particularly given the pace of 
technological change.  However, given that the principle is a very 
important one, it is simply not acceptable to do nothing on the basis that 
"it is all too hard".  Accordingly, the Government's approach proposes that,
 where it is technically feasible and commercially viable to do so, 
industry should be expected to develop codes of practice which will put the 
necessary safeguards in place.  This does not mean that the Government 
seeks to require the installation of proxy servers or to otherwise mandate 
any particular technologies or solutions.

However the Government is confident that the service provider industry will 
accept the challenge to address this problem, particularly in relation to 
material emanating from offshore.
 Accordingly the industry will be asked, in the first instance, to develop 
procedures that will prevent access to sites regarded as RC or X under 
Australian classification standards, having regard to technical limitations 
and cost considerations.  This responsibility rightly rests with the 
industry with the Government only adopting a backup enforcement role as the 
last resort.

It has never been the intention of the Government to impose strict 
liability on service providers for material of which they are not aware.  
Accordingly service providers will only be required to take steps to 
prevent access to material once a complaint has been lodged and the 
material has been examined and found offensive by the ABA.  In addition, 
service providers will be indemnified from litigation by customers affected 
by an ABA notice.  

Some commentators have suggested that it is sufficient to expect parents to 
rely on filtering technologies.  However, whilst there are very many new 
and interesting applications which are emerging, it must be recognised that 
many parents do not have the time or the expertise to utilise such tools.  
The overwhelming bulk of them will expect the Government to take action to 
protect children against highly offensive and illegal material.

The Government also proposes to establish a new community advisory body and 
a hotline service to encourage parents and educators to become more aware 
of the ways in which they can manage the internet.  Internet content 
creators will be encouraged to label their material, to develop labeling 
standards and to offer consumers a choice to subscribe to providers 
allowing access to clean services.

The Government will also actively pursue collaborative arrangements 
internationally in relation to online content codes of practice and online 
labeling of content.

The Government is committed to working with industry and the general 
community in developing an environment that, as much as possible, is able 
to provide a safe haven from the dark side of the Internet, but which also 
allows the Internet to expand and prosper so that Australians are able to 
take maximum advantage of the information revolution.


Yours sincerely


RICHARD ALSTON
Minister for Communications,
Information Technology and the Arts


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