AUSTRALIAN
GOVERNMENT INTERNET CENSORSHIP PROPOSALS
CRITICISED
Sydney, 31st March
1999
INTRODUCTION
The Australian ministry for
Communications, Information Technology and the Arts has
announced a proposal to introduce draconian measures to
block information on the Internet that is rated RC, X or
R according to Australian film and video classification
standards. The Australian Broadcasting Authority (ABA)
will administer this regime.
The Australian Government requires
that online service providers take responsibility to
remove RC and X-rated material from the Internet once
they have been notified of its existence. The regime also
provides for self-regulatory codes of practice for the
online service provider industry, to be overseen by the
ABA. These codes of practice must include a commitment by
an online service provider to take all reasonable steps
to block access to such content hosted overseas, once the
service provider has been notified of the existence of
the material by the ABA. Many millions of websites are
likely to be blocked if the proposals are effectively
implemented.
RC rated content, to be completely
censored from the Internet under this regime, includes,
but is not limited to, the following types of content:
Information that depicts, expresses or otherwise deals
with matters of sex, drug misuse or addiction, crime,
cruelty, violence or revolting or abhorrent phenomena in
such a way that they offend against the standards of
morality, decency and propriety generally accepted by
reasonable adults, depicts it in a way that is likely to
cause offence to a reasonable adult. Or if the content
promotes, incites or instructs in matters of crime or
violence, the use of proscribed drugs, depictions of
practices such as bestiality. Or if it appears to
purposefully debase or abuse for the enjoyment of
viewers, and which lack moral, artistic or other values,
to the extent that they offend against generally accepted
standards of morality, decency and propriety. And also
includes gratuitous, exploitative or offensive depictions
of violence with a very high degree of impact or which
are excessively frequent, prolonged or detailed, cruelty
or real violence which are very detailed or which have a
high impact, sexual violence, sexual activity accompanied
by fetishes or practices which are offensive or
abhorrent, incest fantasies or other fantasies which are
offensive or abhorrent.
X-rated content, to be completely
censored from the Internet under this regime, is material
which contains real depictions of actual sexual
intercourse and other sexual activity between consenting
adults, including mild fetishes.
R-rated content, to be subjected to a
mandatory adult verification scheme, includes information
about, or containing, drug use, nudity, sexual
references, adult themes, horror themes, martial arts
instruction, graphic images of injuries, medium or high
level coarse language, sex education, health education
and drug education.
GILC MEMBER
STATEMENT
We, the undersigned members of the
Global Internet Liberty Campaign, consider that the
following issues are important with respect to these
proposals of the Australian government:
The filtering and blocking regime that
has been announced by the Australian government will
restrict freedom of expression and limit access to
information. Government-mandated use of blocking and
filtering systems violates basic international human
rights protections.
These measures will prevent
individuals from using the Internet to exchange
information on topics that may be controversial or
unpopular. They may enable the development of country
profiles to facilitate a global/universal rating system
desired by governments, block access to content on entire
domains, block access to Internet content available at
any domain or page which contains a specific key-word or
character string in the URL, and over-ride self-rating
labels provided by content creators and
providers.
Government mandated blocking and
filtering of content is unreasonable because it does not
consider the dynamic nature of the Internet. A website on
the Internet that is deemed offensive or illegal today
may contain harmless content tomorrow, but is likely to
remain blocked in the future by the proposed blacklist
model.
The effectiveness of the proposed
regime will be minimal. It is unlikely that the
government blacklist will cover a substantial percentage
of adult or offensive content, as there are millions of
such locations on the Internet. Tunneling and other
technologies that are available make it relatively easy
for informed users to access any website they wish
despite the existence of a filter.
The proposals will not protect minors
on the Internet, as they intend to, but will prevent
lawful access to information by adults. Additionally the
introduction of mandatory adult verification mechanisms
poses a threat to privacy of the adult, as these
mechanisms are likely to store information about the
behavior of adults on the Internet.
We believe the great appeal of the
Internet is its openness. Efforts to restrict the free
flow of information on the Internet, like efforts to
restrict what may be said on a telephone, would place
unreasonable burdens on well established principles of
privacy and free speech.
We encourage the Australian government
to further take the lead in creating an environment that
will help local communities find the best answers to
providing greater access to the Internet. We observe that
blocking and filtering software programs cannot possibly
filter out all bjectionable material and instead may
provide communities with a false sense of security about
providing access. We believe that filters cannot offer
the protections provided by education and training. If
protection of minors is the intention of the Australian
government then minors should be taught the critical
skills that are needed as citizens of the information
society.
SIGNATURES
American Civil Liberties Union
http://www.aclu.org
ALCEI, Electronic Frontiers Italy
http://www.alcei.it
Campaign Against Censorship of the Internet in
Britain
http://www.liberty.org.uk/cacib/
Computer Professionals for Social Responsibility
http://www.cpsr.org
Cyber-Rights & Cyber-Liberties (UK)
http://www.cyber-rights.org
Dutch Citizens Foundation Netherlands (db-nl)
http://www.db.nl
Electonic Frontiers Australia
http://www.efa.org.au
Electronic Frontier Foundation
http://www.eff.org
Electronic Privacy Information Center
http://www.epic.org
Feminists Against Censorship
http://www.fiawol.demon.co.uk/FAC/
Förderverein Informationstechnik und
Gesellschaft
http://www.fitug.de/
Fronteras Electronicas España (FrEE)
http://www.arnal.es/free
Human Rights Network
http://www.hro.org
IRIS (Imaginons un reseau Internet Solidaire -
France)
http://www.iris.sgdg.org
Internet Society
http://www.isoc.org/
Peacefire
http://www.peacefire.org
Quintessenz user group
http://www.quintessenz.at/
ADDITIONAL LINKS, REPORTS AND STATEMENTS
http://www.gilc.org
The Global Internet Liberty Campaign
http://www.dcita.gov.au/nsapi-graphics/?MIval=dca_dispdoc&ID=3648
Media release by the minister of IT, arts and
communications.
http://www.aba.gov.au/
Australian Broadcasting Authority
http://www.oflc.gov.au/
Australian Office of Film & Literature
Classification
http://www.epic.org/free_speech/intl/hrw_report_5_96.html
HRW report, SILENCING THE NET: The Threat to Freedom of
Expression On-line.
http://www.glaad.org/glaad/access_denied/index.html
GLAAD report, Access Denied: The Impact of Internet
Filtering Software on the Lesbian and Gay Community.
http://www.aclu.org/issues/cyber/burning.html
ACLU report, Fahrenheit 451.2: Is Cyberspace Burning? How
Rating and Blocking Proposals May Torch Free Speech on
the Internet.
http://www.cyber-rights.org/watchmen.htm
Cyber-Rights & Cyber-Liberties (UK) Report, 'Who
Watches the Watchmen: Internet Content Rating Systems,
and Privatised Censorship,'
http://www.cyber-rights.org/watchmen-ii.htm
Cyber-Rights & Cyber-Liberties (UK) Report: "Who
Watches the Watchmen: Part II - Accountability &
Effective Self-Regulation in the Information Age,"
http://www.ifea.net
Internet Free Expression Alliance
http://www.nclis.gov/info/kid_inter.pdf
National Commission on Library and Information Science,
"Kids and the Internet: Promise and the Perils, Practical
Guidelines for Librarians and Library Trustees" (US)
http://www2.epic.org/reports/filter-report.html
Electronic Privacy Information Center, "Faulty Filters:
How Content Filters Block Access to Kid-Friendly
Information on the Internet" (US)
http://www.aclu.org/issues/cyber/box.html
Censorship in a Box: Why Blocking Software is Wrong for
Public Libraries
http://www.cpsr.org/filters/faq.html
Computer Professionals for Social Responsibility
Filtering FAQ