Chapter 1

Chapter 1

INTRODUCTION

1.1 In September 1995, the Committee tabled a Report on Regulation of Computer On-Line Services Part 1. The report described the proceedings of a public seminar which the Committee had convened in Canberra on 4 April 1995 in order to examine the computer industry's concerns about the Government's proposals for regulation in the wake of the BBS (Bulletin Board Systems) Taskforce report to the Standing Committee of Censorship Ministers. The Committee's main concern at that time was that unclassified computer games, pornographic and other material unsuitable for children were accessible to them through BBS and other on-line services.

1.2 The Committee held public hearings in Canberra and Sydney before tabling its second report in November 1995. In that report, the Committee made a number of recommendations relating to the transmitting of certain types of material (including objectionable material and material refused classification "RC") through computer on-line services and to the need for age verification procedures to be put in place by on-line service providers. The Committee also recommended that a system of self-regulation based on codes of practice be developed by the on-line industry. A list of the Committee's recommendations from Part 2 of its inquiry can be found at Appendix 1.

1.3 While Part 2 of the Committee's inquiry was still underway, the Minister for Communications and the Arts directed the Australian Broadcasting Authority (ABA) to conduct an investigation into the content of on-line information services and to consider the development of a regulatory regime for on-line services which took into consideration issues relating to community standards. The ABA released a comprehensive report [1] in July 1996 which contained more than 40 recommendations including as its key recommendation, the pursuit of a self-regulatory regime through the development of codes of practice as recommended by the Senate Committee in its November 1995 report.

1.4 Other developments since the Committee's last report include the establishment by the federal government of an Information Policy Advisory Group and, of more direct relevance to the issues of interest to the Committee in this inquiry, of the On-Line Government Council. The Council includes representatives of all the States and Territories government and has a stated aim of co-operating to promote consistency on on-line issues. [2]

1.5 The rapid pace of change in the on-line industry, including particularly the explosion in the number of Australian users of the Internet [3] and developments in the area of content labelling and blocking devices, prompted the Committee in early 1997 to decide to revisit the subject of its 1995 inquiries. It was not the Committee's intention to revisit all of the areas covered by the ABA in its 1996 report to the Minister. Rather, the Committee wished to make an assessment of developments since the ABA's report and it was mindful also that its inquiry might be a useful forum for the major on-line players to put forward their views of recent developments at a time when a national approach to the regulation of the on-line industry is still being finalised.

1.6 The Committee received 46 submissions from both Australia and overseas. The bulk of the submissions was received via the Internet. A list of the submissions can be found at Appendix 2. The Committee held public hearings in Brisbane on 30 April 1997 and Canberra on 5 May 1997 and heard from witnesses from around Australia. The Committee wishes to state its appreciation to all those who contributed to the inquiry through submissions and appearances at its public hearings.

1.7 Submissions to the Committee fell in three broad categories:

1.8 The majority of submissions came from individual users of on-line services and expressed concern at what they perceived to be a move towards censorship of the Internet and of other media. [4] This was also the stance of Electronic Frontiers Australia (EFA) a major association of on-line users in this country. Those submissions argued that present laws are adequate to deal with developments in the on-line environment and no additional legislation or restrictions should be contemplated. However, some submissions supported both an anti-censorship approach and measures to combat child pornography on the Internet:

1.9 The Committee also received submissions and heard from groups specifically concerned about the protection of children from material that is inappropriate for them. These included the Association of Heads of Independent Schools of Australia, the Institute for Values Research and Young Media Australia. The Committee notes that a major concern of those groups is the use of on-line services to target children with advertising material specifically directed at their age group.

1.10 The Executive Council of Australian Jewry said in its submission that it was concerned because it had "documented a dramatic increase in the volume of antisemitic and other racist material on the Internet" since its last submission to the Committee in 1995. The Council keeps a watching brief on this material and put forward the view that service providers should specify in their codes of practice that "account holders with them must not use the Internet to promote racism, antisemitism and other prejudice. In the Council's view, service providers should cancel the accounts of those who breach that stipulation. [6]

1.11 Submissions from industry groups and other on-line user's associations recognised the need for some form of regulation but expressed the view that any regulatory regime adopted by the government should not place unduly onerous costs or unnecessary restrictions that would stifle the growth of the emerging on-line services industry. Telstra and the Australian Internet Industry Association were among submitters who took that view. Together with the Australian Computer Society, they argued for self-regulation according to codes of practice devised by the players in the industry and provided the Committee with useful material.

1.12 Self-regulation was not universally supported by users in the industry. There is a sizeable group that is opposed to all forms of regulation. Submitters in this category tended to perceive all filtering software as "over-restrictive" and to object to codes of conduct as well. [7] One submission argued that self-regulation is another form of (stricter) censorship:

1.13 Among that group, there was a tendency not only to perceive all attempts to regulate on-line services as "censorship" but also to see those attempts as a response to unfounded media sensationalism regarding objectionable or illegal material on the Internet. The argument is that, since the amount of illegal material on the Internet is small and control difficult to impose, no attempt should be made to control it. A number of submissions listed successful challenges to overseas legislation, including the challenge by the American Civil Liberties Union (ACLU) of the Communications Decency Act in the United States, as evidence that it is pointless to legislate for any form of regulation.

1.14 The expression "objectionable material" has been used in this report to refer to the meaning that it is given in the legislation of the two States (Victoria and Western Australia) and the Territory (Northern Territory) that have passed legislation relating to on-line services. The relevant definitions are to be found at Appendix 4, followed by a description of what is described as being RC material in the National Classification Code (a schedule to the Commonwealth Classification (Publications, Films and Computer Games) Act 1995. This is because some of the State legislation define "objectionable" in terms of RC (Refused Classification). However, the Committee wishes to point our that it does not find in any way acceptable for publication and dissemination through computer on-line services, material that may be legal but that is nevertheless likely to cause offence to a reasonable adult as described in the National Classification Code.

 

Footnotes

[1] Australian Broadcasting Authority, Investigation into the content of on-line services, report to the Minister for Communications and the Arts, ABA, Sydney, July 1996.

[2] Senator the Hon Richard Alston, Minister for Communications and the Arts, Press Release, 7 Mar.1997

[3] N.B: Telstra told the Committee that in its estimate, there are approximately 1.5 million Internet users in Australia and that the market is growing at around 12% per month. Telstra, Answers to Questions on Notice, 13 May 1997.

[4] Foe example, Submissions Nos 14, 15, 16 20,24

[5] Submission No 12 (Dr Maddison)

[6] Submission No 4 (Executive Council of Australian Jewry)

[7] Submissions No 24 (J. Stokes)

[8] Submission No 22 (A. Burke)