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Internet censorship in Australia
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Internet censorship in Australia
Internet censorship in Australia is enforced by both the country's criminal law as well as voluntarily enacted by internet service providers. The Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a blocklist of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.
In October 2008, a policy extending Internet censorship to a system of mandatory filtering of overseas websites which are, or potentially would be, "refused classification" (RC) in Australia was proposed. Australia is classified as "under surveillance" (a type of "Internet enemy") by Reporters Without Borders due to the proposed legislation. If enacted, the legislation would have required Internet service providers to censor access to such content for all users. However, the policy was rejected by the Coalition and was later withdrawn by the Labor party. The same day the withdrawal was announced, the then Communications Minister stated that as a result of notices to Australian ISPs, over 90% of Australians using Internet Services were going to have a web filter. Australian Federal Police would then pursue smaller ISPs and work with them to meet their "obligation under Australian law". iiNet and Internode quietly confirmed that the request to censor content from Australian Federal Police went from voluntary to mandatory under s313 in an existing law. iiNet had sought legal advice and accepted the s313 mandatory notice but would not reveal the legal advice publicly.
In June 2015, the country passed an amendment which will allow the court-ordered censorship of websites deemed to primarily facilitate copyright infringement. In December 2016, the Federal Court of Australia ordered more than fifty ISPs to censor 5 sites that infringe on the Copyright Act after rights holders, Roadshow Films, Foxtel, Disney, Paramount, Columbia and the 20th Century Fox companies filed a lawsuit. The sites barred include The Pirate Bay, Torrentz, TorrentHound, IsoHunt and SolarMovie.
In April 2019, the Senate passed a bill in response to the Christchurch mosque shooting which required websites that provide a hosting service to "ensure the expeditious removal" of audio or visual material documenting "abhorrent violent conduct" (including terrorist acts, murder, attempted murder, torture, rape or kidnapping), produced by a perpetrator or accomplice, within a reasonable time frame. Hosts must also report such content to authorities. Those who do not remove the materials may face fines and jail time. Several ISPs had already voluntarily blocked websites related to footage of the Christchurch shooting before the bill had passed.
A collection of both federal and state laws apply to Internet content in Australia.
While the Australian constitution does not explicitly provide for freedom of speech or press, the High Court has held that a right to freedom of expression is implied in the constitution, and the government generally respects these rights in practice. An independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and press. There were no government restrictions on access to the Internet or credible reports that the government routinely monitored e-mail or Internet chat rooms. Individuals and groups can and do engage in the expression of views via the Internet, including by e-mail.
Provisions of Schedule 5 and Schedule 7 of the Broadcasting Services Act 1992 inserted in 1999 and 2007 allow the Australian Communications and Media Authority to effectively ban some content from being hosted within Australia. Under this regime, if a complaint is issued about material "broadcast" on the Internet the ACMA is allowed to examine the material under the guidelines for film and video.
The content is deemed to be "prohibited" where it is (or in ACMA's judgement likely would be):
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Internet censorship in Australia
Internet censorship in Australia is enforced by both the country's criminal law as well as voluntarily enacted by internet service providers. The Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a blocklist of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.
In October 2008, a policy extending Internet censorship to a system of mandatory filtering of overseas websites which are, or potentially would be, "refused classification" (RC) in Australia was proposed. Australia is classified as "under surveillance" (a type of "Internet enemy") by Reporters Without Borders due to the proposed legislation. If enacted, the legislation would have required Internet service providers to censor access to such content for all users. However, the policy was rejected by the Coalition and was later withdrawn by the Labor party. The same day the withdrawal was announced, the then Communications Minister stated that as a result of notices to Australian ISPs, over 90% of Australians using Internet Services were going to have a web filter. Australian Federal Police would then pursue smaller ISPs and work with them to meet their "obligation under Australian law". iiNet and Internode quietly confirmed that the request to censor content from Australian Federal Police went from voluntary to mandatory under s313 in an existing law. iiNet had sought legal advice and accepted the s313 mandatory notice but would not reveal the legal advice publicly.
In June 2015, the country passed an amendment which will allow the court-ordered censorship of websites deemed to primarily facilitate copyright infringement. In December 2016, the Federal Court of Australia ordered more than fifty ISPs to censor 5 sites that infringe on the Copyright Act after rights holders, Roadshow Films, Foxtel, Disney, Paramount, Columbia and the 20th Century Fox companies filed a lawsuit. The sites barred include The Pirate Bay, Torrentz, TorrentHound, IsoHunt and SolarMovie.
In April 2019, the Senate passed a bill in response to the Christchurch mosque shooting which required websites that provide a hosting service to "ensure the expeditious removal" of audio or visual material documenting "abhorrent violent conduct" (including terrorist acts, murder, attempted murder, torture, rape or kidnapping), produced by a perpetrator or accomplice, within a reasonable time frame. Hosts must also report such content to authorities. Those who do not remove the materials may face fines and jail time. Several ISPs had already voluntarily blocked websites related to footage of the Christchurch shooting before the bill had passed.
A collection of both federal and state laws apply to Internet content in Australia.
While the Australian constitution does not explicitly provide for freedom of speech or press, the High Court has held that a right to freedom of expression is implied in the constitution, and the government generally respects these rights in practice. An independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and press. There were no government restrictions on access to the Internet or credible reports that the government routinely monitored e-mail or Internet chat rooms. Individuals and groups can and do engage in the expression of views via the Internet, including by e-mail.
Provisions of Schedule 5 and Schedule 7 of the Broadcasting Services Act 1992 inserted in 1999 and 2007 allow the Australian Communications and Media Authority to effectively ban some content from being hosted within Australia. Under this regime, if a complaint is issued about material "broadcast" on the Internet the ACMA is allowed to examine the material under the guidelines for film and video.
The content is deemed to be "prohibited" where it is (or in ACMA's judgement likely would be):