Tabling Statement by Senator Margaret Reynolds, Chairperson

Tabling Statement by Senator Margaret Reynolds, Chairperson

The report I am tabling today is the Committee's second report on the issue of the regulation of computer on-line services. Since holding an earlier inquiry in April 1995 the Committee has invited submissions in relation to the adequacy of current measures to control access by children to obscene, offensive or otherwise undesirable material through computer on-line services.

The Committee received 37 informative submissions, which contained some 450 pages of evidence. Public hearings were held in Canberra in September and Sydney in October where the opportunity was taken to clarify many of the issues raised in the submissions.

What the Committee found was that material which would be refused classification in any other medium, such as in publications, films and computer games, can be found on-line. The Committee heard of there being depictions on-line of child pornography and bestiality which are banned imports into Australia under customs controls and are refused classification if presented to the Office of Film and Literature Classification. Witnesses stressed to the Committee that such material represents only a very small part of the total volume of material available on-line. However, the Committee takes the view that in the maintenance and protection of community standards action should be taken to ensure that otherwise refused or restricted material should not be available to children on-line.

Accordingly the Committee has recommended that it should be an offence to use a computer service to transmit, obtain possession of, demonstrate, advertise or request the transmission of material equivalent to the "Refused Classification" category.

The Committee also gave consideration to the issue of children gaining access on-line to material equivalent to the "R" and "X" categories to which their access is restricted in other media. It is a feature of many on-line services that, once connected, all information is available to all customers in the same way that, once broadcast, all television is accessible to all viewers. The Committee has given consideration to the likely effectiveness of on-line controls on children's access to restricted material based on its observations in the past of the fallibility of similar controls in the provision of audiotex and pay TV services. The Committee has concluded that the main control is prohibition at source and it has recommended accordingly.

The Committee noted that while regulation of material sourced within Australia can be subjected to Australian law, such on-line services as the Internet are of such a global nature that their regulation in Australia is necessarily limited by jurisdictional constraints. Unlike publications, films and computer games, which can be deemed to be "prohibited imports" at the Customs barrier, the contents of on-line services sourced from overseas cannot be vetted in any practical sense. Australian providers of access to such services were concerned, however, that they should not be held liable for the content of the material they are transmitting when they have no responsibility for its authorship.

The network operators and service providers in the 0055 audiotex industry had put similar arguments to the Committee in 1991 and 1992. On that occasion the Committee had acknowledged the legitimacy of their argument in principle, but had seen as an important part of their role the imposition of appropriate content standards on their "authors" through their contractual arrangements. These provisions would then be subject to enforcement action.

The Committee has made similar recommendations in relation to on-line services. It has called for the establishment of an industry-based body to adjudicate on claims of breach of content standards and, through the contractual arrangements between network operators, access providers, service providers and clients, impose realistic sanctions. The Committee has also called upon the Australian Government to pursue at appropriate international forums the concept of classification at source of all material placed on-line, based on an agreed set of classification standards.

The Committee believes that, in its recommendations, it has given the industry a sound regulatory environment in which its most positive features can flourish while appropriate attention is paid to the areas of greatest concern.

The Committee also recognises that the march of technology is placing in doubt traditional approaches to content regulation. With the likelihood of continuing globalisation of information and entertainment services in the future, through such technologies as satellite and broadband, the consumer of the future may have to take much greater responsibility for their choices. It is then the Government's responsibility to ensure that the consumer is suitably empowered to make informed decisions. To this end the Committee proposes to sponsor a conference of experts to examine how a program of widespread public education and debate might be fostered.